How to revoke a power of attorney in South Dakota

What South Dakota law says about revoking a power of attorney, and a free letter you can fill in and print.

Checked against official sources: October 31, 2026.

Short answer

You can revoke a power of attorney. The statute provides an optional Statutory Form Revocation of Power of Attorney, signed and acknowledged before a notary; it also revokes any guardian or conservator nominations in that power of attorney, but not a health care power of attorney.

If it was recorded
SDCL 43-28-23 and 7-9-1 apply to a power of attorney or revocation to be recorded with the register of deeds.

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

What South Dakota law says about revoking a power of attorney

How to revoke

You can revoke a power of attorney. The statute provides an optional Statutory Form Revocation of Power of Attorney, signed and acknowledged before a notary; it also revokes any guardian or conservator nominations in that power of attorney, but not a health care power of attorney. Signing a new power of attorney does not revoke an older one unless the new one says so.

Telling others

Deliver copies of the revocation right away to everyone who has a copy of the power of attorney. An agent or other person who acts in good faith without actual knowledge of the revocation is protected.

Law: SDCL 59-12-9(4)

Source: statutory revocation form

If it was recorded

SDCL 43-28-23 and 7-9-1 apply to a power of attorney or revocation to be recorded with the register of deeds.

Law: SDCL 59-12-41, 59-12-43

Law: SDCL 59-12-9, 59-12-43

Source: Official text

Free letter: revoke a power of attorney

The date on the document you signed. If you are not sure, use your best estimate.

These names go into your letter only. They are never saved or sent to us.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

When it ends and how to revoke it

It ends when
  • You die
  • You become incapacitated, if the power of attorney is not durable
  • You revoke it
  • It says it ends (a date or event)
  • The purpose of a limited or special power of attorney is accomplished
  • The agent dies, becomes incapacitated or resigns, or you revoke the agent's authority, and no other agent is named
  • A court appoints a conservator or other fiduciary to manage your property
  • For an agent married to you: an action is filed for divorce, annulment, legal separation or a protection order, unless the power of attorney says otherwise
Banks and other businesses

Within 10 business days after a 'South Dakota compliant' power of attorney is presented, a person must accept it or ask for an agent's certification, translation or lawyer's opinion, then accept within 5 business days after receiving it. It cannot demand a different form. Refusal is allowed in listed cases, including good-faith doubt or a report to the Department of Social Services, Department of Human Services or police. Wrongful refusal can lead to a court order and liability for attorney's fees and costs.

Law: SDCL 59-12-18, 59-12-19

Source: substantially the statutory form and notarized

Law: SDCL 59-12-7(2), 59-12-9

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)

More for South Dakota