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All Types of POA Advance Directive Durable POA Medical POA General POA Limited POA Revocation of POA Motor Vehicle POA Springing POA Real Estate POA Minor POA State Tax Filing POA
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South Dakota General (Financial) Power of Attorney

South Dakota General (Financial) Power of Attorney

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A South Dakota General (Financial) Power of Attorney Form allows an individual (referred to as the principal) to appoint someone else (known as the agent) to manage their financial matters and assets. It is important to note that the authority granted to the agent under this document will cease immediately if the principal becomes incapacitated.

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Signing Requirements

Notary public.

Laws

Durable - A power of attorney is durable if it contains the words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing the intent of the principal is that the power of attorney is durable.<a class="source-url" href="#source-url1">[1]</a>

Incapacity - Means the inability of a person to manage their property or business affairs because of an impairment in their ability to make decisions or because the person is missing, detained (incarcerated), or is outside the United States and is unable to return.<a class="source-url" href="#source-url2">[2]</a>

Signing Requirements - The principal's signature must be notarized.<a class="source-url" href="#source-url3">[3]</a>

Sources

  1. § 59-12-3
  2. § 59-12-1(5)
  3. § 59-12-4
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Notice

The information and templates provided on this website are for general informational purposes only and are not a substitute for professional legal advice. While we strive to offer accurate and up-to-date forms, the legal landscape is complex and varies by jurisdiction. We strongly recommend that you consult with a qualified attorney for specific legal issues or questions. Using our templates does not create an attorney-client relationship, and we are not responsible for any actions taken based on the information provided here.

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The Significance of POA

Learn About the Importance of a POA
Learn About the Importance of a POA

The importance of a Power of Attorney (POA) cannot be overstated. It provides a crucial mechanism for individuals to ensure their wishes are respected, especially in times of incapacity or emergency.

By designating an agent, the principal can ensure that someone they trust will make decisions regarding their finances, healthcare, and legal matters. This can help prevent disputes among family members and ensure timely decision-making when needed. Additionally, having a POA in place can protect an individual’s interests, allowing for smooth management of affairs without the need for court intervention. Overall, a POA is a vital tool for planning and safeguarding one's future.