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A special power of attorney may need to be notarized to have legal authority.
No, in South Dakota, you do not need to notarize your will to make it legal. However, South Dakota allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that.
General Power of Attorney vs. Special Power of Attorney. While a special power of attorney gives the agent authority for a limited set of actions under a restricted set of circumstancessuch as buying or selling a home, withdrawing money from an account, or running a businessa general power of attorney is more broad.
Is the Special Power of Attorney still valid? The SPA is no longer valid because one of the modes of extinguishing the agency is the death of the principal (or the agent).
A durable power of attorney is a document that gives someone else, such as a trusted relative or friend, the authority to make certain decisions and act on your behalf.
A Military Power of Attorney (PoA) is a legal document that gives a person or entity the authority to manage legal and financial matters for you, such as signing contracts, accessing your bank account, and buying or selling real estate.
Notarization RequirementYou must also have your POA notarized for it to be valid under South Dakota law.
Sign the power of attorney. Two witnesses should also sign this document. The addresses of the applicant and witnesses should be typed clearly. All this must be done in the presence of a notary public.
To protect themselves from liability, banks, especially large banks such as Wells Fargo, have been known to reject powers of attorney, for fear of being parties to fraud.
A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care. A limited power of attorney restricts the agent's power to particular assets.