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Steps for Making a Financial Power of Attorney in South Dakota Create the POA Using a Statutory Form, Software, or Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact. ... File a Copy With the Land Records Office.
A power of attorney for healthcare may be created at any time by a competent adult. It must properly convey your intent to confer authority upon your agent to make health care decisions should you become incapacitated. It must also be signed by you and witnessed either by two individuals or by a notary public.
The principal must create a written revocation notice. This document should include the principal's name, the agent's name, and the date the original POA was executed. This document must be signed and dated by the principal. The principal should then deliver this revocation notice to the agent.
Rule 5.5 - Unauthorized Practice of Law; Multijurisdictional Practice of Law (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.
59-12-4. Execution of power of attorney. A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney.
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.