Free South Dakota Power of Attorney Forms
A power of attorney (POA) is a legal document that allows an individual, referred to as an agent or attorney-in-fact, to make business, financial, and legal decisions on behalf of another. The person who makes the appointment is called the principal.
Here is everything you need to know about South Dakota POA forms.
South Dakota Power of Attorney By Type
There are at least four different types of powers of attorney. Each has a different function that may be ideal for a specific situation.
- General POA - Some principals give agents blanket authority over their business and legal affairs. In this case, they need to sign the general POA, a type of permission that allows the agent to decide over a wide range of legal activities. It loses its power when the principal becomes incapacitated.
- Special POA - In the case of this document, the principal specifies the power of the agent and the duration of the POA. The agent only acts on behalf of the principal according to what is stipulated in the POA. As soon as the act specified in the document has been completed, the form loses its authority.
- Durable POA - Typically, POAs lose their power when the principal has been deemed mentally incompetent unless the document is durable. In this case, the agent will continue to decide for the principal until the end of the latter’s life. It is signed so that businesses, finances, and other legal matters continue to operate seamlessly.
- Medical or Healthcare POA - Since health is a sensitive matter, a separate POA must be signed. This type of POA is usually durable in nature so that medications and treatments are not hampered when the principal is declared legally incompetent.
How to Get a Power of Attorney in South Dakota
There are usually two ways to get a POA in South Dakota. First, you can visit the nearest law firm and specify the type of document you need. Two, you can download a printable South Dakota POA, fill it out with your necessary details, and sign it. The document is considered legal when it is acknowledged by either a notary public or two witnesses.
South Dakota Power of Attorney Laws
- South Dakota Legislature Chapter 59-3: Powers of Agent - The law defines the agent and their powers under the law. “Actual authority is such as a principal intentionally confers upon the agent, or intentionally or by want of ordinary care, allows the agent to believe himself to possess” (SD Codified L § 59-3-2).
- Healthcare Consent Procedures - The law states that a healthcare agent can be appointed when the principal is considered legally incompetent. Incapacity must be determined by an attending physician or the circuit court. It states, “Any determination by an attending physician shall be in writing, shall be signed by the attending physician and shall be made a part of the person's medical record” (SD Codified L § 34-12C-2).