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Question
Do I really need a power of attorney in South Dakota?
You need a power of attorney if you want to name the person who will manage your financial affairs and property when you become incapacitated. If you do not have a power of attorney, your loved ones likely will need to go to court to ask a judge to appoint a guardian or conservator.
This court process can cause unneeded stress for your loved ones, and it can be expensive and time-consuming. A court will try to pick the right guardian or conservator for you, but it could end up choosing someone you would not choose.
Through our easy-to-follow process, you can create a power of attorney quickly and securely today.
Click on the links below to jump down the page:
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
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Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a power of attorney in South Dakota
Understand how a POA works in South Dakota
A power of attorney is a legal document that lets you (the principal) name another person (the agent or attorney-in-fact) to act in your place. Your agent’s acts and decisions under your power of attorney will be legally binding on you.
A power of attorney gives an agent the power to make decisions about finances, property, and personal matters.
There are several types of power of attorney:
- A general power of attorney gives your agent broad authority to act on your behalf.
- A limited power of attorney gives your agent specific powers to handle one transaction or type of transaction.
- A durable power of attorney remains effective when you are incapacitated.
- A nondurable power of attorney terminates when you become incapacitated.
- A springing power of attorney only becomes effective on a future date or when a future event, such as incapacity, occurs.
Choose your agents
Your agent should be someone with good business sense who you trust to handle your finances. They will have access to your bank accounts and property.
You also should name a successor agent in your power of attorney. This person will step in and become the agent if the original agent cannot serve.
Decide how much authority to give your agents
You can give an agent specific powers, but it is best to do this by using a limited power of attorney when you want an agent to perform a specific task or type of action. For example, you could give a financial advisor the ability to manage your investments.
When planning for incapacity, you should give your agent broad powers so they can deal with unexpected issues that arise. If you give them broad powers, they will have more flexibility to act.
Execute your power of attorney document
If you do not follow South Dakota’s requirements for signing your power of attorney, it will not be valid. You must sign and date your power of attorney or direct another person in your presence to sign for you.
A power of attorney does not require witnesses, but you must acknowledge your signature before a notary public.
Give your power of attorney to your agent
After your power of attorney is fully signed, give it to your agent and keep a copy of your power of attorney in a safe place.
You can also give your power of attorney to businesses or banks that you want your agent to deal with. This is not necessary, but it is a good way to let them know your agent has authority to act for you.
Frequently asked questions about South Dakota powers of attorney
South Dakota offers a power of attorney form in its statutes, but it can be difficult to format and fill out. It allows you to select specific powers from a list, but you should make sure you understand what each power means or ask for legal advice from an attorney before you sign it.
You may see free forms from other online sources. Many of these forms are general forms that do not follow South Dakota law. Even if they say they are made for South Dakota, they may not be up to date.
South Dakota does not require you to hire a lawyer to make a power of attorney. If you are comfortable following directions and filling out forms, you can use one of the easy-to-complete forms we offer.
However, you can always ask an estate planning attorney licensed in South Dakota to review your completed form if you have questions. A lawyer also can draft a power of attorney for you if you are uncomfortable using a form.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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