 | South Dakota Real Estate ONLY Power of Attorney Form |
The South Dakota real estate only power of attorney form is a document that is provided to an Agent by a Principal who would like to authorize the Agent powers, so that they may act on behalf of the Principal with business pertaining to the sale, purchase, refinancing, management or to perform any related transactions or any other specified acts that would be stated by the Principal. The Principal would grant these powers only in the event the Principal must be absent for an extended period of time or in the event of serious illness.
The Principal should review the document thoroughly before completion and signatures. If any portion of the document isn’t clear, the Principal may choose to consult with an attorney for clarification. This document will not grant any powers pertaining to the financial accounts, personal property nor shall they have any powers over the health care of the Principal.
The document will require that all signatories be present and the document be notarized before the document may be effective. The Principal may revoke this document at any time. Revocation must be in writing and must be delivered to the Agent(s)
How to Write
Step 1 – The Parties – Submit the following:
- Principal’s name
- Principal’s address
- City
- State
- AND
- Agent’s name
- Agent’s address
- City
- State
Step 2 – Assignment of Authority – Select and initial any or all of the following powers:
- Sale of Real Estate
- Purchase of Real Estate
- Management of Real Estate
- Refinancing
Step 3 – Article III Term – The Principal must establish the Term of the document. Choose only one of the following:
- A commencement and ending date
- Non-durable – will be available immediately and would terminate only if the Principal would revoke the document or if the Principal should become incapacitated, or upon death
- The durable option will be available immediately and only terminate if the document is revoked or by the death of the Principal
Step 4 – Article VI. Revocation and Signatures – Signatories must sign before a notary public –
- Submit a date of revocation of this document in dd/mm/yyyy format
- The Principal’s signature
- Print the name of the Principal
- AND
- Enter the Agent’s Signature
- Enter the Agent’s printed name
Step 5 – Affirmation by Witnesses – Read the affirmations. If the witnesses agree:
- Enter printed name(s) of each witness
- Each witness must submit their signatures
- Printed name
Step 6 – Notarization –
When the document is completed and the Notary Public has had the opportunity to witness all signatures, the Notary shall then enter their state required information, acknowledging the authenticity of the document.
Step 7 – Acceptance by Agent – The Agent must review the acceptance. If the Agent is in agreement:
- The Agent must provide their Signature
- Print the Agent’s name
