Signing checklist for South Dakota

The signing steps in South Dakota law, step by step. Pick your documents to see them.

Checked against official sources: October 31, 2026.

Short answer

This checklist lists the signing rules in South Dakota law. It does not check whether your document is valid.

Financial power of attorney: Notarized
Health care directive: Notarized or signed by two adult witnesses

Financial power of attorney: South Dakota

Choose your 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). 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. Official text
Law: SDCL 59-12-41 to 59-12-43
Sign it Signed by you (the principal), or by another person you direct to sign your name in your conscious presence.
Law: SDCL 59-12-4, 59-12-4.1
Notary or witnesses 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.)
Law: SDCL 59-12-4, 59-12-4.1
The agent signs too 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 59-12-4, 59-12-4.1
If you sign electronically '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 59-12-4, 59-12-4.1
If it may be used for real estate If the power of attorney will be recorded with the register of deeds, SDCL 43-28-23 and 7-9-1 apply.

Health care directive: South Dakota

Sign it Signed by you, or by another person you direct to sign your name in your conscious presence.
Law: SDCL 59-7-2.1, 59-12-3
Notary or witnesses Sign the durable power of attorney for health care (or have someone sign for you in your conscious presence at your direction), then have the signature witnessed by two other adults or by a notary public. The health care power of attorney law refers to SDCL 59-12-3, which makes a power of attorney survive your disability when it contains words showing that intent.
Law: SDCL 59-7-2.1, 59-12-3
Who cannot witness Two other adults. The statute lists no other witness disqualifications.
Law: SDCL 59-7-2.1, 59-12-3

After signing

Give copies to the right people Keep the signed documents in a safe place and give copies to your health care proxy and your doctors. Some states have registries that store an advance directive for doctors and your proxy.

Signing checklist

This checklist lists the signing rules in South Dakota law. It does not check whether your document is valid.

Free help in South Dakota

Report abuse or exploitation

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