South Dakota power of attorney forms authorize a person to elect a representative who can review and act on their behalf for any type of financial or medical-related decisions. Under South Dakota law, durable power of attorney forms will continue to be effective if the principal should fall ill or can no longer think for themselves. For this reason, durable forms are recommended for use by elderly individuals who may be showing signs of dementia, or for those heading into high-risk surgery. Having a durable power of attorney form in place ensures that the individual’s best interests are cared for regardless of their mental state.
Laws – S.D. C.L. – Title 59 (Agency) & Chapter 34-12C (Health Care Consent Procedures)
A South Dakota financial power of attorney form allows a principal to appoint an agent to run their financial affairs immediately and during the term of their incapacitation. The principal can terminate the document at any time while they are mentally capable by authorizing a revocation document. If the principal chooses their spouse as their agent, it should be noted that a divorce doesn’t automatically…
A South Dakota general power of attorney form permits a resident to choose another person and provide them with unrestricted access to their financial business affairs and assets. All decisions made by the representative must be to the benefit of the person being represented, and the agent may not compensate themselves for anything other than expenses accumulated through performing their fiduciary duties. Unlike a durable…
A South Dakota medical power of attorney permits an individual to select an agent who will decide all aspects of their healthcare when they cannot speak for themselves. There are a few restrictions as to the choice for the agent; whoever is chosen should live, or at least be available, in a location that is close to the individual, and the agent must share the…
A South Dakota Division of Motor Vehicles power of attorney, also known as Form MV-008, may only be used to designate authority to an attorney-in-fact to make an application for or to assign a certificate of title on behalf of a vehicle owner. This type of power of attorney form may be needed by owners who work overseas temporarily and desire to have a vehicle…
A South Dakota limited power of attorney form allows a representative, known as an “attorney-in-fact,” to handle specific financial responsibilities on behalf of another person. The powers granted to the representative must be specified in writing on the document. Once the assigned tasks have been fulfilled, or if the person designating responsibility revokes the form, the power of attorney will cease to be effective, and…
A South Dakota tax power of attorney form, also known as Form MV-008, can be used to assign and authorize one’s tax powers to an agent. In most cases, the agent will be a CPA (certified public accountant) and the document will be attached to the individual’s tax filings. Unless revoked, the form will remain effective until a new agent is appointed or upon the…
A South Dakota minor power of attorney form can be used to grant guardianship powers to an attorney-in-fact, providing the individual with the authority to make healthcare and educational decisions for a child. Often a document like this will be drafted when a parent or legal guardian has fallen under circumstances that make it impossible to care for a minor child in the manner that they…
A South Dakota real estate power of attorney is a necessary instrument when hiring a real estate agent or other third party dealing in the handling of real estate. The principal will want to complete the document in its entirety, defining the term of the power of attorney and the role that the agent will play. The individual selected will need to sign the form as well…
A South Dakota living will is a legal document in which a medical patient declares their preferences regarding withholding or withdrawing life-sustaining treatment in cases of terminal illness or imminent death. The will becomes effective when the patient can no longer communicate their own decisions for their care. Any competent adult can execute a living will. If the living will does not explicitly provide instructions…
