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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.
A durable power of attorney may be general or limited. A general durable power of attorney may allow your agent to do every act which may legally be done by you. A limited durable power of attorney cover specific events, like selling property, making investments, or making health care decisions.
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.
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.
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.
A South Dakota Revocation of Power of Attorney Form can be used to terminate a current or active power document. Only the principal who has issued such paperwork may terminate it. Thus, this document will require the active participation of the principal at the time of its execution.
Death or incapacity Dementia, mental and physical illness, substance abuse, and accidents are just some of the things that can affect a person's mental capacity. If you don't think the person you originally chose is up to the job anymore, or if they've passed away, it's time to revoke your power of attorney.
What does power of attorney durable mean? A durable POA gives someone else legal authority to act on your behalf, and it continues in force even if you lose your mental capacity. Financial POAs give your agent financial powers that may include managing your assets, paying bills, and buying and selling real estate.