What the rule says
South Dakota adopted the Uniform Power of Attorney Act effective July 1, 2014, codified at S.D. Codified Laws § 59-12-1 et seq.
Default durability
A SD POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under SD's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
SD law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid SD POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
South Dakota separates property and healthcare frameworks. Healthcare decisions require a separate SD Living Will and Power of Attorney for Health Care.
What happens without a POA
If a SD resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship.
What you can do about it
For SD residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Healthcare POA. - Update older POAs.
Who this affects most
South Dakota's POA framework is most consequential for SD adults without executed POAs.