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Risks of a power of attorney In rare cases, a POA can be abused by an agent who tries to take advantage of their power over your affairs, which is a crime, ing to the National Center on Elder Abuse. That's why it's so important to choose an agent you completely trust to act responsibly.
What is the power of attorney responsible for? Someone with this power is responsible for major decisions on your behalf like where your belongings go after you die. Though they are not responsible for any debt that is left behind.
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.
A durable power of attorney, or durable POA, gives someone permission to make financial or health care decisions for you if you become temporarily or permanently incapable of managing your own affairs. Unlike a regular power of attorney, a durable POA stays in effect even if you become incapacitated.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
When you give someone durable power of attorney (DPOA), they maintain their role even in the event of your incapacitation. Durable power of attorney is an important tool in estate planning. If you're unable to make end-of-life decisions, the individual you choose can make decisions on your behalf.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal.
SOUTH DAKOTA. STATUTORY FORM POWER OF ATTORNEY. IMPORTANT INFORMATION. This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal).