A South Dakota power of attorney provides the important legal mechanism for appointing another person to act in your stead and on your behalf. This mechanism involves a legal document, typically notarized and witnessed whereby you set forth the name of the person you wish to appoint and the powers you wish them to have. Because you are giving another person your power to act in certain situations depending on which form that you choose, it is important to choose your representative wisely.
Durable Power of Attorney – This type of document is to appoint another to handle your financial affairs. It is usually used for long-term planning in anticipation of possible incapacity, as it will continue to be effective beyond incapacity.
General Power of Attorney – Similar to the durable form because it allows you to confer financial power on another, however, in the event you become incapacitated it terminates automatically.
Limited Power of Attorney – Used when you wish to appoint another to handle a discreet or limited transaction.
Medical Care Power of Attorney – For use when you wish to appoint a loved one to handle your medical care and arrangements in the event that you can no longer make the decisions for yourself.
Minor Child Power of Attorney – Used when you want to give permission to a caretaker to take care of your minor child when you plan on being unavailable for a short period of time.
Real Estate Power of Attorney – Select an individual to assist with the handling of real property relevant to refinancing, sales, and/or management.
Revocation of Power of Attorney – For use when you want to terminate a power of attorney that you may have entered into in the past.
Tax Power of Attorney (Form RV-071) – Used when you wish to appoint another to take care of your tax issues in front of the tax authority, such as to obtain information and make filings etc.
Vehicle Power of Attorney (Form MV-008) – Used to assign another to handle titling and registration of your vehicle.
How to Write
1 – The South Dakota Appointment Template Is A Downloadable Item
The paperwork furnished on this page as a PDF, MS Word, or ODT file can be easily accessed through the similarly labeled buttons under the picture of this template.
2 – The Introduction To This Appointment Requires Some Preparation
The first paragraph of this document can only be considered valid when the information it requests has been supplied to the designated areas. The first blank line in this paragraph will focus on the Principal who wishes to appoint an Agent with the Authority Types that will be defined here. Enter this entity’s Legal Name on the first blank line.The Principal’s Name will need to be followed with a report on his or her Residential Address. Record the Building Number, Street Name, Unit Number, and City where the Principal lives on the second blank space.The third empty line here will request the Name of the State where the Principal lives. Record the Name of this State in the space that follows the words “State Of.”The next set of blank lines will request a report on the Principal Agent or Attorney-in-Fact who is being granted the Authority to wield Principal Power. Record this entity’s Legal Name on the fourth blank line (after the word “…Designate.”The Residential Address of the Principal-Agent will also need to be accurately presented. Report the Building Number, Street Name, Unit Number, and City where the Principal-Agent lives on the next available blank line.The last blank line will require the name of the State where the Principal-Agent lives.
3 – A Specific Catalyst Must Be Named To Set These Powers As Active
The manner in which this document will go into Effect will determine its Date of Effect. The Principal preferred method of this determination will need to be indicated in a reliable way. This can be done through the Principal Act of Initialing. The Principal will need to initial one of the statements in the section under the heading “Effective Date” to define the Date of Effect.
If the Effective Date of these Powers will depend on the Signature Date of the Principal, then the Principal will need to initial the statement labeled “A” in this section. This statement means the Powers of the Principal, as defined here, will be delivered to the Agent the moment the Principal signs this document Principal may prefer to hold off delivering the Principal Powers that will be defined here until he or she is unable to represent him or herself. In this case, the Principal should initial the statement labeled “B.” This statement will set the Effective Date of these Powers as the same Date the Principal is diagnosed as incapacitated and unable to communicate (i.e. such as a coma or the victim of a traumatic medical event).
4 – The Principal Powers The Agent Can Wield Require The Direct Approval Of The Principal
The kinds of Powers the Principal appoint an Agent with will determine precisely how, when, and where the Agent can represent the Principal by the types of decisions and actions the Agent can engage in on behalf of the Principal in Principal Matters. A list of these actions will be supplied in the “Powers Of Attorney-in-Fact” section and will be classified into certain areas. The Principal will need to go through this list of subjects and the actions described in each one then initials each blank line that precedes a subject matter that contains a description of how the Principal wishes the Agent to represent him or her.
If the Principal has determined the Agent in this document may represent the Principal in “Banking” decisions and actions, then the Principal should initial the blank line that precedes the bold word “Banking” to grant the Principal Authority to do this.The Attorney-in-Fact can access, deposit, and withdraw the Principal’s Safe Deposit Boxes if the Principal initials the second blank line in this list.Each action and decision defined in the paragraph labeled “Lending Or Borrowing” will be available to the Agent through the Principal’s initials to this subject. This will allow the Agent to represent Principal interests with capital, mortgages, securities, real estate, and property in general held by the Principal or Principal TrustThe Principal can designate the Agent with the ability to apply for “Government Benefits” on behalf of the Principal and receive them on behalf of the Principal once the Principal initials the fourth subject.The Agent will be able to decide upon rollovers, payment options, and receive benefits on behalf of the Principal with his or her “Retirement Plan” when the Principal initials the fifth statement. This Power will exclude the right to change beneficiaries determined by the Principal.The wording in the “Taxes” paragraph will provide the Principal with a method of giving the Agent the Authority to use Principal Powers in executing his or her Tax decisions and interests. The Principal will need to initial this item to deliver such Powers and contact the Department of Revenue since additional paperwork may need to be submitted.The Principal can appoint the Agent with the Principal Authority to handle his or her “Insurance” affairs by initialing the seventh blank line (just before the bold word “Insurance”)If the Agent should be assigned the Principal Power to perform actions with “Real Estate” on his or her behalf, then he or she should initial the eighth subject matter. This action will enable the Agent to perform such actions as purchasing or selling Real Estate on behalf of the Principal along with a host of other actions that are defined.The ninth subject matter, “Personal Property,” will delegate the Agent with the Principal Authority to engage in a variety of actions dealing with the Principal’s Property (tangible or intangible). The Principal should initial this subject to grant such Power to the AgentIf the Principal has decided the Agent should have the Principal Authority required to Manage Property on his or her behalf, he or she should initial the “Power To Manage Property” item.The Agent can only use Principal Powers to disburse gifts, grants, or transfers on behalf of the Principal if the Principal initials the empty line that proceeds the bold word “Gifts.”The Principal can designate the Agent with the Authority to acquire Legal Advice and engage in Administrative Proceedings on behalf of the Principal when the Principal initials the blank line that precedes “Legal Advice And Proceedings.”The next area dealing with the deliverance of Principal Powers to the Agent is labeled “Special Instructions” Here, the Principal may personalize the above list in whatever way that is legal and deemed appropriate. Thus, he or she may decide the Agent may not do certain actions under certain conditions or may wish to extend a Power not appointed through the above list. In short, any additional directives that should be applied to the Powers appointed to the Agent should be recorded in full using the blank lines in this section.
5 – This Document Must Bear The Principal’s Signature To Be Executed
This document will need to be signed by the Principal so that its terms may be considered valid. Before this execution is performed, the Principal must record the Date when he or she signs this document. This report should be provided using the three blank spaces presented in the “In Witness Whereof…”The blank line below this statement is labeled “Principal’s Signature.”The two Witnesses who are present at the time of the Principal Signing will need to read the Witness Statement, then produce his or her Signature and Address on the blank lines labeled “Witness’s Signature” and “Address.” Enough space has been supplied so two Witnesses can provide these items The area placed immediately after the Witness statement may only be filled in by the Notary Public obtained to notarize the Principal Signing.The last area of this document, “Specimen Signature And Acceptance Of Appointment,” will need the attention of the Agent and a Notary Public. Here the Agent’s Full Name should be presented on the first blank line. Once the Agent has read the completed statement, he or she must sign the “Attorney-n-Fact’s Signature” line.The Notary Public assigned to notarize the Agent Signature may do so in the area provided directly below it.