South Dakota Power of Attorney Requirements
South Dakota’s Uniform Power of Attorney Act (SDCL chapter 59-12) applies to Powers of Attorney created on or after July 1, 2020. South Dakota changed one key part of the uniform act: a Power of Attorney is not durable unless it says so. Here are the essentials in plain English, each linked to the official South Dakota Codified Laws.
Based on South Dakota Uniform Power of Attorney Act, SDCL chapter 59-12. Reviewed October 2026. Education, not legal advice — South Dakota’s requirements are set by state law and can change, so confirm them with an official South Dakota source or a licensed attorney.
Preparing to serve—or already serving—in South Dakota?
The National Handbook explains the responsibilities. The National Workbook helps you organize the work. Use the South Dakota information below to explore requirements, official sources, and available resources.
Requirements depend on your documents and applicable law. Confirm current information with official sources or a qualified professional in your state.
Where is South Dakota’s Power of Attorney law?
South Dakota’s financial Power of Attorney law is the Uniform Power of Attorney Act, SDCL chapter 59-12, for Powers of Attorney created on or after July 1, 2020. It includes an optional statutory form (SDCL 59-12-41). A Power of Attorney signed earlier stays valid if it met the law at the time.
Does a South Dakota Power of Attorney have to be notarized?
Yes. Under SDCL 59-12-4, the principal signs the Power of Attorney (or another person signs in the principal’s conscious presence at the principal’s direction), and the signature must be acknowledged before a notary public or other individual authorized to take acknowledgments.
Is a South Dakota Power of Attorney durable?
Only if it says so. Under SDCL 59-12-3, a Power of Attorney is durable when it contains words such as “This power of attorney shall not be affected by disability of the principal,” or similar words showing that intent. The statutory form asks the principal to choose.
What does a South Dakota agent have to do?
Under SDCL 59-12-13, an agent must act according to the principal’s reasonable expectations (or best interest), in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts of interest and keep an accurate and contemporaneous record of every receipt, disbursement and transaction. The principal, a guardian, a conservator and certain others can request disclosure.
What happens to a spouse-agent’s authority in a divorce?
Under SDCL 59-12-9, unless the Power of Attorney says otherwise, a spouse-agent’s authority ends when an action is filed for divorce, annulment, legal separation or a protection order.
How is a South Dakota health care Power of Attorney signed?
Healthcare decisions are covered separately. Under SDCL 59-7-2.1, a durable power of attorney for health care is signed by the principal and witnessed by two other adults or by a notary public. A living will declaration (SDCL chapter 34-12D) is also witnessed by two adults or a notary, and an optional sample form is in SDCL 34-12D-3.
This summary is educational and may not reflect the most current law — verify against the current statutes or with a South Dakota attorney before relying on it.
The universal rules of the role
The exact forms, witnessing, and notarization rules change from state to state — those are in South Dakota’s essentials above.But the heart of the role is the same everywhere in the U.S. Here’s what always applies.
Your duties as an agent
Every decision is for the principal, never for you. This is the core legal duty of an agent, everywhere.
Never mix the principal’s funds with your own. Use their accounts for their expenses, and don’t borrow or lend to yourself.
Track every transaction, receipt, and major decision. Good records protect the principal — and protect you if anyone ever asks.
You can only do what the Power of Attorney actually authorizes. If it isn’t granted in the document, you don’t have the authority.
Follow what they’d want, preserve their existing estate plan where you can, and avoid anything that benefits you at their expense.
What a Power of Attorney can’t do
A Power of Attorney works only while the principal is alive. The moment they pass, it ends and the will and executor (or trustee) take over.
An agent cannot make or rewrite the principal’s will, and generally can’t change beneficiary designations unless the document specifically allows it.
Powers not written into the document — like making gifts or changing accounts — usually aren’t allowed. When in doubt, it’s probably not authorized.
When you sign correctly as the agent (not personally), you’re acting for them — you don’t take on their debts by serving.
How to sign as an agent
Always sign in your representative capacity — never just your own name on the principal’s business. A safe format anywhere is “Jane Doe, as agent for John Doe” (some institutions prefer “John Doe by Jane Doe, agent”). Signing your name alone can make you personally liable; signing as the agent makes clear you’re acting for them.
When the authority ends
- The principal revokes it — they can, at any time, as long as they’re competent.
- The principal dies — authority passes to the will or trust.
- A court appoints a guardian or conservator, or the document’s own end date or condition is reached.
One key distinction, everywhere: a durable Power of Attorney keeps working if the principal becomes incapacitated; a non-durable one ends at incapacity. Whether yours is durable is stated in the document itself.
Where to get the official forms
The official South Dakota Power of Attorney and health care directive forms are free from the state and its official resources. Here’s where to find them — we link them as a resource so you can go straight to the source. What we provide is the plain-language help to understand and actually use them, not the forms themselves.
- SDCL 59-12-41 — Statutory form, Power of attorney (Uniform Power of Attorney Act)Official source: South Dakota LegislatureStatutory form in South Dakota's Uniform Power of Attorney Act (SDCL 59-12-41). It covers property, not health-care decisions.Open on sdlegislature.gov →
- SDCL 34-12D-3 — Living will declaration sample formOfficial source: South Dakota LegislatureStatutory sample living will form (SDCL 34-12D-3). Naming a health care agent is governed separately by SDCL 59-7-2.1.Open on sdlegislature.gov →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice. These links are an educational resource pointing you to official sources; we are not affiliated with or endorsed by any government office. Power of Attorney and health care directive requirements vary by state and change over time. Before you sign or rely on any form, confirm it is the current, correct form for your situation with the official South Dakota source above or a licensed South Dakota attorney. If a link doesn’t open, search for the form by name on the official state website.
MOST: a different kind of document
MOST
Medical Orders for Scope of Treatment (MOST) — SD Department of HealthSource: South Dakota Department of HealthSouth Dakota’s official source describes MOST for people with a terminal illness.A POLST-type form is different from a general advance directive. It is generally intended for people with serious illness, advanced medical conditions or significant frailty, when current treatment wishes need to be written as medical orders — completed with a clinician. It is not a document every adult needs.Open on doh.sd.gov →
Learn the whole role
The POA Caregiver Program is national and works in every state — education for the whole role, from the day you’re named agent to confident, organized caregiving, with a Certificate of Completion when you finish.
Get Updates for South Dakota
Where to go for official help
A simple starting list of the government offices an agent under a Power of Attorney (or their caregiver) in South Dakota may need. Click a website to open the office’s official page in a new tab.
- South Dakota Adult Protective ServicesReport suspected abuse, neglect or exploitation of an elder or adult with a disability.dhs.sd.gov/en/ltss/adult-protective-services →
- Dakota at HomeSouth Dakota’s aging and disability resource center: information, referral and help connecting to services.dakotaathome.sd.gov → · 833-663-9673
- South Dakota Attorney General: Consumer ProtectionConsumer complaints and senior citizen resources.consumer.sd.gov →
- South Dakota Unified Judicial System: Self HelpCourt self-help forms and guidance.ujs.sd.gov/self-help →
- East River Legal ServicesFree civil legal aid in eastern South Dakota.erlservices.org → · 1-800-952-3015
- Dakota Plains Legal ServicesFree civil legal aid, including for older adults and tribal nations.www.dpls.org →
- Eldercare Locator (federal)Free help finding local aging services, Area Agencies on Aging, and adult protective services anywhere in the U.S.eldercare.acl.gov → · 1-800-677-1116
- Social Security Administration (federal)Benefits, the representative payee program, retirement and disability.www.ssa.gov →
- Medicare (federal)Federal health coverage for people 65+ and some disabilities.www.medicare.gov →
- CFPB — Managing Someone Else’s MoneyPlain-language federal guides for agents under a Power of Attorney.www.consumerfinance.gov/consumer-tools/managing-someone-elses-money →
POA Caregiver™ is not affiliated with, endorsed by, or partnered with any of these offices. This list is a resource to help guide you to the right official source — nothing more. Government offices, links, and phone numbers change over time, so if a link doesn’t open, search for the office by name to find its current official page.
Some of the best help is free and official. We point you to these authoritative sources — and give you the journey, organization, and plain-language navigation on top of them. See the full national resource library →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice, and is not affiliated with or endorsed by these organizations. They are shared as free educational resources — always confirm details with the official source or a licensed professional in your state.
Guides for every agent, in any state
Plain-English help that applies wherever you live — start with The Power of Attorney Agent’s Guide, or jump in:
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POA Caregiver provides education, not legal, medical, financial or tax advice. Authority comes from the Power of Attorney document and applicable law, and serving as an agent is a different role from caregiving.
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