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South Dakota Power of Attorney

A South Dakota Power of Attorney (PoA) is a legal document that grants a trusted person or entity the authority to manage legal and financial affairs for you, such as signing contracts, selling... Read more

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Making a South Dakota Power of Attorney

  • What is a South Dakota Power of Attorney?

    A South Dakota Power of Attorney (PoA) is a legal document that grants a trusted person or entity the authority to manage legal and financial affairs for you, such as signing contracts, selling property, accessing bank accounts.

    The individual granting control is known as the "principal," while the individuals or organizations gaining authority are known as the "agents." Suited for South Dakota residents, this Power of Attorney is made for use in Lincoln County, Minnehaha County, Pennington County, and in all other parts of the state. All South Dakota Power of Attorney forms from Rocket Lawyer can be edited to address your unique circumstances. This legal document provides verification to financial institutions and other parties that your selected representative(s) can sign documents or take other actions for you when you are not present or able.

  • How can I get power of attorney in South Dakota?

    It is simple and easy to give or receive the support you might need using a free South Dakota Power of Attorney template from Rocket Lawyer:

    1. Make the document - Provide a few general details and we will do the rest
    2. Send or share it - Review the PoA with your agent(s) or seek legal help
    3. Sign and make it legal - Mandatory or not, witnesses/notarization are recommended

    This method is often going to be much less time-consuming than finding and hiring the average attorney. If needed, you can start a PoA on behalf of an elderly parent, a spouse, or another family member, and then have them sign when ready. Please keep in mind that for a Power of Attorney to be legally valid, the principal must be an adult who is mentally competent at the time of signing. In the event that the principal is already unable to make their own decisions, a conservatorship may be required. When managing this situation, it would be best to connect with an attorney.

  • Do I need to have a South Dakota PoA?

    Anyone who is over 18 should have a Power of Attorney. Though it's difficult to acknowledge, a time will likely come when you cannot make important decisions on your own. There may even be times when you're merely out of pocket. Here are some common situations where power of attorney would be useful:

    • You are getting older or have declining health or limited mobility
    • You have plans to move or travel abroad temporarily or permanently
    • You wish to grant a trusted person power to deal with certain legal or financial issues in your absence or if you are unwell
    • You live in a residential care facility and want help managing your finances

    Whether your South Dakota Power of Attorney is being made in response to an unexpected issue or as part of a long-term plan, witnesses and notarization can often help to protect your agent if their authority is doubted by a third party.

  • Which type of Power of Attorney do I need in South-Dakota?

    There are a few different ways to classify PoA documents. They are primarily dependent on when the powers will come into effect, how long they are in effect, and what they will provide authority over. Most often, you will see them defined in the four groups below:

    • General Power of Attorney - Would grant a broad scope of powers over your affairs
    • Special Power of Attorney - Would grant limited powers over selected matters
    • Durable Power of Attorney - Would remain in effect even when you become mentally incompetent or incapacitated
    • Springing Power of Attorney - Would be activated based on certain events or criteria

    When producing your free South Dakota Power of Attorney, you can choose to have the authority begin upon signing, on a selected day, or only at the point when you're not capable. Your Power of Attorney may expire on a specific date or upon your death.

  • Do I need to hire a lawyer for my South Dakota PoA?

    South Dakota Power of Attorney forms are usually simple, but you or your agent(s) could still need advice. Depending on whom you ask, some attorneys may not even agree to review a document if they didn't draft it. A more favorable approach might be to request help from Rocket Lawyer attorney services. When you become a Premium member, you will be able to request a document review from an experienced lawyer or get answers to other legal questions about your Power of Attorney. We're always available to answer any questions.

  • How much might it traditionally cost for a lawyer to help me get a Power of Attorney form in South Dakota?

    The fees associated with finding and working with the average lawyer to generate a Power of Attorney might total between $200 and $500, based on your location. Unlike most other Power of Attorney template websites that you may find elsewhere, Rocket Lawyer gives members up to a 40% discount when hiring a lawyer, so an attorney from our On Call network can act on your behalf if you ever require support.

  • Would I need to do anything else once I draft a South Dakota Power of Attorney?

    With a membership, you will be able to make edits, download it as a Word or PDF file, and print it out. In order to make your Power of Attorney truly legal, you must sign it. Your agent(s) and financial institutions should receive a copy of the fully executed document.

  • Does a Power of Attorney need to be notarized, witnessed, and/or recorded in South Dakota?

    The requirements and restrictions vary by state; however, in South Dakota, if you plan for the agent to handle matters related to children or real estate, then notarization will be required. If your agent will have the ability to handle real estate transactions, the Power of Attorney must be acknowledged by a notary public and recorded with the county. Finally, as a basic rule, your witness(es) will need to be 18 years old or older, and none of them should simultaneously be designated as your agent.

    See South Dakota Power of Attorney law: Chapter 59-12

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