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For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.
A Durable Power of Attorney for Health Care is a document that lets you name someone else to make decisions about your health care in case you are not able to make those decisions yourself. It gives that person (called your agent) instructions about the kinds of medical treatment you want.
A South Dakota durable statutory power of attorney form allows a principal to select another person (?agent?) to act in their place for financial-related matters. The designation will last the lifetime of the principal unless revoked.
The Power of Attorney usually expires when you stipulate it does: Generally, in South Dakota, the lifespan of a POA is defined by the terms stated in the POA document. This means that the POA could end on a specified date, when a certain event occurs, or when the principal becomes incapacitated or passes away.
A durable power of attorney may be created at any time by a competent adult. It must properly state your intent to give authority to your agent to make health care decisions should you become incapacitated. It must also be signed by you and two witnesses or a notary public.
Ends with Your Death ? In the event of your death, a durable power of attorney will no longer be valid. This document is not a replacement for the last will and testament or trust. It Can be Revoked or Not Honored at Any Time ? Due to the lack of court oversight, not everyone honors a durable power of attorney.
Yes, South Dakota Powers of Attorney require a notary public to oversee the signing of the document by the Principal and Agent. Additionally, 2 witnesses must also be present when a Medical POA is signed in order to legally validate the agreement.
Does a Power of Attorney need to be notarized, witnessed, and/or recorded in South Dakota? The requirements and restrictions vary by state; however, in South Dakota, if you plan for the agent to handle matters related to children or real estate, then notarization will be required.