South Dakota Durable Financial Power of Attorney Form

The South Dakota Durable financial power of attorney form is a legal document that will permit a Principal to delegate powers to an Agent who would oversee and safeguard the finances, personal property and real property, in the event the Principal must be absent for an extended period of time or becomes ill.

The powers will commence upon the date of the execution of this document and shall continue to be in effect even if the Principal becomes disabled or incapacitated, unless the Principal revokes the document prior to such time they may become incapacitated. This document must be carefully reviewed by the Principal, before completion and applying signatures. If the Principal is uncertain of any of the language contained within this document, they may wish to speak with an attorney for competent legal advice.

This document must be signed before a Notary Public. This document may be revoked at any time at the discretion of the Principal, by placing the notice in writing and by delivery or service to the Agent.

How to Write

Step 1 – Titled Sections for Review – Principal should review the following titles:

  • Notice
  • Incapacitation
  • Revocation
  • Witness and Notary

Step 2 – The Parties – Submit the following information:

  • The Name of the Principal
  • Street Address
  • City
  • State
  • AND
  • The Name of the Agent
  • Street Address
  • City
  • State
  • Submit the state where the powers document shall be served by the Agent
  • AND
  • The Name of the Successor Agent (optional)
  • Street Address
  • City
  • State
  • Provide the state where the powers document shall be acted upon by the Successor
  • The Principal must review the Terms and Conditions before proceeding

Step 3 – Granting Powers – The Principal must read all of the powers provided in writing. If the Principal should choose to grant any specific power, enter their initials, if they choose to reject any of the power, place an “X” in the line instead of initials. Review the following powers:

  • (A) Real property transactions
  • (B) Tangible personal property transactions
  • (C) Stock and bond transactions
  • (D) Commodity and option transactions
  • (E) Banking and other financial institution transactions
  • (F) Business operating transactions
  • (G) Insurance and annuity transactions
  • (H) Estate, trust, and other beneficiary transactions
  • (I) Claims and litigation
  • (J) Personal and family maintenance
  • (K) Benefits from Social Security, Medicare, Medicaid, or other governmental programs, or military service
  • (L) Retirement plan transactions
  • (M) Tax matters

Step 4 – Additional Titles – The Principal must carefully review the following:

  • Third Parties
  • Compensation
  • Disclosure

Step 5 – Signatures – Shall only be applied before a notary public:

  • Printed name of the Principal
  • Date the signature in dd/mm format
  • Principal’s Signature
  • AND
  • The printed name of the Agent
  • Agent’s Signature
  • Date the signature in mm/dd/yyyy format
  • AND
  • Provide the printed name of the Successor Agent (this is optional)
  • Successor Agent’s signature
  • Date Successor’s signature in mm/dd/yyyy format

Step 6 – Notary Acknowledgement –

When the notary has witnessed all signatures, they shall acknowledge the document by entering all of the information required to acknowledge the document and it’s validity

Step 7 – Acknowledgement and Acceptance of Appointment as Agent and Successor Agent – Submit the following

  • Each Agent must review the acceptance information:
  • Enter the name of each Agent in their respective paragraphs
  • Provide Agent’s signatures
  • Date signatures in mm/dd/yyyy format

Step 8 – Witness Attestation – The witnesses must review the attestation – Enter:

  • Each witness must enter their printed names
  • Both witnesses must provide their signatures