Power of attorney in South Dakota: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in South Dakota, from South Dakota law.

Checked against official sources: October 31, 2026.

Short answer

Uniform Power of Attorney Act

Official form: South Dakota Statutory Form Power of Attorney; also Statutory Form Revocation of Power of Attorney (59-12-43) and Agent's Certification (59-12-42)
How to sign: Notarized
Durable unless it says otherwise?: No: it continues after incapacity only if it says so.
Uniform Power of Attorney Act: Yes

Words used in South Dakota

In South Dakota you name an agent for money and property in a power of attorney, which must be notarized and must say it survives your disability to be durable. You name a health care agent in a separate durable power of attorney for health care, and you can write a living will for end-of-life treatment. If an adult cannot manage, the circuit court can appoint a guardian, a conservator, or both.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney; South Dakota Statutory Form Power of Attorney; durable power of attorney
The person you choose: Agent (attorney-in-fact)
Health care: Durable power of attorney for health care (naming an attorney-in-fact or agent for health care decisions)
Treatment wishes: Living will declaration
Court-appointed decision-maker: Guardian (personal decisions) and conservator (money and property) of a protected person; limited and temporary guardians and conservators

Law and official form

Law: Uniform Power of Attorney Act
Uniform Power of Attorney Act: Yes (effective July 1, 2020)
Official form: South Dakota Statutory Form Power of Attorney (SDCL 59-12-41); also Statutory Form Revocation of Power of Attorney (59-12-43) and Agent's Certification (59-12-42)Published by South Dakota Legislature
You do not have to use it.
A document 'substantially in' this form, signed and notarized, is 'South Dakota compliant', which is what triggers the rules requiring third parties to accept it (59-12-18, 59-12-19). The form warns agents about criminal liability. SDCL 43-28-23 and 7-9-1 apply if the power of attorney is to be recorded with the register of deeds.

Law: SDCL ch. 59-12 (SL 2020, ch 214); SDCL 59-12-41 to 59-12-43

Signing rules

How to sign

Sign the power of attorney and acknowledge your signature before a notary public (or another officer authorized to take acknowledgments). Witnesses are not required. (A power of attorney to transfer a vehicle title to an insurer is exempt from notarization.)

Who signs

Signed by you (the principal), or by another person you direct to sign your name in your conscious presence.

Notary

Required

Witnesses

None required

Agent's acknowledgment

No signed acceptance is required. An agent accepts by acting as agent or by other conduct showing acceptance, unless the power of attorney says otherwise.

Law: SDCL 59-12-12

Electronic signing

'Sign' includes an electronic symbol or process and a power of attorney can be a 'record'. A power of attorney to transfer a vehicle title to an insurer may be signed electronically and needs no notary.

Law: SDCL 59-12-1; SDCL 59-12-4.1

Law: SDCL 59-12-4, 59-12-4.1

Durable and springing

Is it durable?

A power of attorney keeps working after your disability or incapacity only if it contains words such as 'This power of attorney shall not be affected by disability of the principal' or 'This power of attorney shall become effective upon the disability of the principal', or similar words showing that intent.

Law: SDCL 59-12-3

Durable unless it says otherwise?

No: it continues after incapacity only if it says so.

Starting later (springing)

A power of attorney works when signed unless it says it starts on a later date or event. You can name people to decide in writing that the event happened. If it starts on incapacity and no one is named (or they will not decide), a physician or licensed psychologist can determine incapacity in writing; if you are missing, detained or outside the U.S., an attorney, judge or government official can.

Law: SDCL 59-12-8

What an agent can and cannot do

Needs express permission

Create, amend, revoke or terminate a trust during your life (a revocable trust only while you are incapacitated or unavailable, and only if the trust also allows it)
Make a gift
Create or change rights of survivorship
Create or change a beneficiary designation
Delegate authority under the power of attorney
Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement plan survivor benefit
Exercise fiduciary powers you have authority to delegate
Access the content of your electronic communications
Disclaim property, including a power of appointment

No power of attorney can

Unless the power of attorney says otherwise, an agent who is not your ancestor, spouse or descendant cannot use even express powers to give themselves (or someone they must support) an interest in your property. The Act does not cover health care decisions (59-12-2).

Law: SDCL 59-12-23(2)

Law: SDCL 59-12-23(1), (8)

Agent duties, pay and court review

Agent duties

Act in line with your reasonable expectations as far as the agent knows them, otherwise in your best interest
Act in good faith
Act only within the authority given
If you are incapacitated, where feasible encourage you to take part in decisions and regain capacity
Act loyally for your benefit and avoid conflicts of interest
Act with care, competence and diligence
Keep accurate, contemporaneous records of all receipts, payments and transactions, including the agent's own pay
Cooperate with your health care decision-maker
Try to keep your estate plan in place when that is in your best interest
Disclose transactions within 30 days when asked by you, a guardian, conservator, other fiduciary or a protective agency

Agent pay

The agent is entitled to reimbursement of reasonable expenses and to reasonable compensation unless the power of attorney says otherwise.

Law: SDCL 59-12-11

Asking a court to review an agent

You, the agent, a guardian, conservator or other fiduciary, your health care decision-maker, your spouse, parent or descendant, a presumptive heir, a beneficiary, a protective government agency, your caregiver, or a person asked to accept the power of attorney can ask a court to interpret it or review the agent's conduct. If you have capacity, the court must dismiss the petition at your request.

Law: SDCL 59-12-15

Law: SDCL 59-12-13

When it ends and how to revoke it

How to revoke a power of attorney in South Dakota

Official forms in South Dakota

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

South Dakota Statutory Form Power of Attorney (SDCL 59-12-41); also Statutory Form Revocation of Power of Attorney (59-12-43) and Agent's Certification (59-12-42) · Published by South Dakota Legislature

Living will

Living Will Declaration

Guardianship / conservatorship

Good to know in South Dakota

Unlike most Uniform Power of Attorney Act states, a South Dakota power of attorney is durable only if it says so.
Law: SDCL 59-12-3
A financial power of attorney must be notarized; a health care power of attorney needs two adult witnesses or a notary.
Law: SDCL 59-12-4; SDCL 59-7-2.1
Appointing a conservator ends your financial power of attorney, and appointing a guardian of the person ends your health care power of attorney.
Law: SDCL 59-12-7, 59-7-11
Since 2023 a living will must state your wishes about artificial nutrition and hydration.
Law: SDCL 34-12D-2, SL 2023, ch 115

Free help in South Dakota

Report abuse or exploitation

Adult Protective Services (South Dakota Department of Human Services, Long Term Services and Supports)

Questions about powers of attorney in South Dakota

What is a power of attorney called in South Dakota?

Power of attorney; South Dakota Statutory Form Power of Attorney; durable power of attorney. In South Dakota you name an agent for money and property in a power of attorney, which must be notarized and must say it survives your disability to be durable. You name a health care agent in a separate durable power of attorney for health care, and you can write a living will for end-of-life treatment. If an adult cannot manage, the circuit court can appoint a guardian, a conservator, or both.

Does a power of attorney have to be notarized in South Dakota?

Is there an official power of attorney form in South Dakota?

South Dakota Statutory Form Power of Attorney; also Statutory Form Revocation of Power of Attorney (59-12-43) and Agent's Certification (59-12-42). You do not have to use it.