The Basic Steps to Create a Power of Attorney in South Dakota

In South Dakota, you create a power of attorney by signing a document that names someone to act on your behalf. You do not need a lawyer, though having one review the document costs between $200 and $500 and can prevent mistakes. The document must be signed in front of a notary public — you cannot notarize it yourself. South Dakota law does not require witnesses for most powers of attorney, only a notary's seal.

The person you name is called your agent or attorney-in-fact. They can manage your bank accounts, sell property, pay bills, or make healthcare decisions, depending on what powers you give them. The document takes effect when ready when you sign it, unless you write that it should begin only if you become unable to manage your own affairs — that version is called a springing power of attorney.

You will need to decide what type of power of attorney fits your situation. South Dakota recognizes financial powers of attorney (for money and property), healthcare powers of attorney (for medical decisions), and combined documents. Each serves a different purpose and has slightly different rules.

Key Takeaways

  • South Dakota requires only your signature and a notary's seal; you do not need witnesses or a lawyer to create a valid power of attorney.
  • You can use a form from the South Dakota Codified Laws (SDCL 59-7-2) or write your own document, as long as it names an agent and describes their powers clearly.
  • A notary public can be found at most banks, the Secretary of State's office, or UPS stores, and the notarization usually costs $5 to $15.
  • Your agent can begin acting when ready after you sign, or you can delay their authority until a specific event (like your incapacity) by creating a springing power of attorney.
  • You should keep the original signed document in a safe place and give copies to your agent, your bank, and your healthcare provider so they know the authority is real.

What Type of Power of Attorney You Need

A financial power of attorney lets your agent handle money, bank accounts, real estate, and investments. Use this if you want someone to pay your bills while you travel, manage property you own, or handle finances if you become ill. In South Dakota, this document is governed by SDCL 59-7-2 and can be as broad or narrow as you choose.

A healthcare power of attorney (also called a healthcare proxy or medical power of attorney) lets your agent make medical decisions if you cannot. This covers hospital care, surgery, medication, and end-of-life choices. South Dakota law for healthcare powers is in SDCL 34-12C-1 through 34-12C-7. You may also want to create a separate living will that states your wishes about life support — your healthcare agent will follow those wishes.

A durable power of attorney remains valid even if you become mentally incapacitated. Without the word "durable" in your document, the power ends if you lose mental capacity. Most people want a durable power of attorney so their agent can continue managing affairs during illness or dementia.

Some people create both a financial and healthcare power of attorney with the same agent, or they name different agents for each. You are in control of who does what.

Where to Find the Right Form or Template

South Dakota does not provide an official state form, but the law itself (SDCL 59-7-2) contains language that satisfies all legal requirements. You can copy the statutory form directly from the South Dakota Codified Laws online at sdlegislature.gov — search for "59-7-2" in the statutes. This form covers financial powers and is free to use.

For a healthcare power of attorney, the statute at SDCL 34-12C-3 includes a form you can use. Again, you can find this on the South Dakota Legislature website at no cost.

If you prefer a pre-made template, organizations like LegalZoom, Nolo, and the American Bar Association offer South Dakota-specific power of attorney forms for $15 to $50. These are often clearer and easier to fill out than copying from the statute, though they say the same thing legally. Do not use a form from another state — powers of attorney are state-specific and may not be recognized outside South Dakota.

If you want a lawyer to draft or review the document, contact the State Bar of South Dakota at sdbar.org for a referral to an attorney in your area.

How to Sign and Notarize Your Power of Attorney

Once you have filled out your power of attorney form, you must sign it in front of a notary public. The notary will watch you sign, check your ID, and then stamp and sign the document themselves. This proves the signature is genuine.

Find a notary at your bank (often free for customers), the South Dakota Secretary of State's office in Pierre, a UPS Store, or a local title company. Call ahead to confirm they are available and ask the fee — it is usually $5 to $15 per signature. Bring a photo ID (driver's license or passport) and the unsigned power of attorney form.

You do not need witnesses in South Dakota for a financial power of attorney, though having them does not hurt. For a healthcare power of attorney, South Dakota law does not require witnesses either, but some healthcare providers ask for them anyway. If you want to add witnesses, have them sign in front of the notary as well.

After notarization, make at least three copies: one for your records, one for your agent, and one for your bank or healthcare provider. Keep the original in a safe place — a home safe, safe deposit box, or with your lawyer. Tell your agent where the original is kept.

Telling Your Bank, Healthcare Provider, and Agent

Once your power of attorney is signed and notarized, give a certified copy to your bank and any financial institutions where you have accounts. Banks often have their own power of attorney forms they prefer, but they must accept a valid South Dakota power of attorney under state law. Call ahead and ask what they need — some banks want the original, some want a certified copy, and some want both.

If you created a healthcare power of attorney, give a copy to your doctor, hospital, and any other healthcare providers you use regularly. They will keep it on file so they know your agent can make decisions if you cannot.

Meet with your agent in person and explain what you want them to do. Show them where important documents are kept — bank statements, property deeds, insurance policies, healthcare records. Make sure they understand your wishes, especially for healthcare decisions. Your agent has a legal duty to act in your best interest and follow your instructions, so choose someone you trust completely.

When Your Power of Attorney Ends

A power of attorney ends when you die, when you revoke it in writing, or when your agent resigns. If you want to cancel a power of attorney, sign a revocation document in front of a notary, just like you did with the original. Give copies of the revocation to your agent, your bank, and your healthcare provider so they know the authority is no longer valid.

If your agent dies or becomes unable to serve, the power of attorney ends unless you named a successor agent in the original document. You can add a successor agent when you first create the power of attorney — this way, if your first choice cannot serve, your second choice automatically takes over.

A springing power of attorney (one that begins only if you become incapacitated) ends when you recover your capacity, or when you die. The challenge with springing powers is proving incapacity — your agent may need a doctor's letter stating you cannot manage your affairs. For this reason, many people choose a power of attorney that begins when ready instead.

What Your Agent Can and Cannot Do

Your agent can only do what the power of attorney document says they can do. If you write that they can manage your bank accounts and pay bills, they cannot sell your house unless you also give them that power. Be specific about what you want them to handle.

Your agent cannot change your will, make gifts of your money (unless you specifically allow it), or act after you die. After death, your will and an executor take over — the power of attorney ends. Your agent also cannot make decisions that conflict with your written instructions or your best interests.

For healthcare decisions, your agent must follow your wishes as stated in your healthcare power of attorney or living will. If you have not written down your wishes, your agent should make decisions based on what you would have wanted, or what is in your best medical interest.

Your agent has a legal duty to keep records of what they do with your money and property. If you suspect your agent is stealing from you or misusing their power, you can revoke the document and take legal action. South Dakota law protects you from agent abuse.

Frequently Asked Questions

Can I create a power of attorney without a lawyer?

Yes. South Dakota law does not require a lawyer. You can use the statutory form from SDCL 59-7-2, fill it out yourself, have it notarized, and it will be valid. A lawyer is helpful if your situation is complex (multiple properties, blended family, large assets) or if you want peace of mind that everything is correct, but it is not required by law.

What if I want different agents for money and healthcare?

You can name different people. Create one financial power of attorney naming one agent, and a separate healthcare power of attorney naming another. Give each document to the appropriate agent and provider. Many people choose a trusted family member for healthcare and a financially savvy person for money management.

Does my power of attorney work in other states?

Most states recognize a South Dakota power of attorney, but some states have their own rules. If your agent will be managing property in another state, ask that state's laws or have a lawyer in that state review your document. Some states require the power of attorney to be notarized again in their state, or they may want a certified copy from the South Dakota Secretary of State.

What happens if I become incapacitated and do not have a power of attorney?

Your family will have to go to court and ask a judge to appoint a conservator or guardian to manage your affairs. This is expensive, time-consuming, and public. A power of attorney avoids this by letting you choose who manages your affairs in advance. If you do not have one and become incapacitated, your family has no legal authority to act unless a court grants it.

Can I change my power of attorney after I sign it?

You can revoke it completely by signing a revocation in front of a notary. You cannot straightforward cross out parts and initial them — the document must be formally revoked. If you want to make changes, revoke the old one and create a new one with the changes you want. This is clearer and prevents confusion about which version is valid.