South Dakota Limited Power of Attorney Form

South Dakota Limited POA Form Details

A South Dakota limited power of attorney is also called a special power of attorney. The FormsPal template has 32 fillable fields, so you can complete it on screen or print it and fill it in by hand.

How to Fill Out the South Dakota Limited Power of Attorney

Follow these steps in order to complete the FormsPal South Dakota limited power of attorney template. Have your full name and address and your agent’s full name and address ready before you start.

The screenshots under each step show the FormsPal South Dakota South Dakota Limited Power of Attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Principal and agent details

   Enter your name and address, then the agent’s name and address. Check that both names match the IDs.

   

2. Limited purpose(s)

   Describe the tasks you want your agent to handle on the purpose lines, one task per line. This section is crucial as it limits the agent’s power to the specified actions.

   

3. Effective date

   Initial one choice: effective immediately, or effective on a date you fill in.

   

4. Termination date: first option

   The first termination option on the form is tied to a signed written revocation. Initial it if that is the option you want. The rest of the list is on page 2.

   

5. Other termination options and successor agent

   Initial the option you want, and fill in the date if you choose a date option. Then enter the agent’s name, the alternate agent’s name and the alternate agent’s address.

   

6. Date and sign the form

   Enter the day, month and year, then add your signature and printed name.

   

7. Acknowledgment: county, date and officer

   Fill in the county, the date, the officer’s name and title, and the principal’s name.

   

8. Acknowledgment: officer’s signature and seal

   This line is for the officer’s signature and seal, so leave it blank until the officer completes the acknowledgment.

   

Sample Wording for the Purpose Lines

The purpose lines are where you describe the tasks for your agent. Plain, specific wording is easier for everyone to follow. The examples below use made-up names and addresses, so replace them with your own details.

• Sell the 2015 pickup truck owned by Anna Baker and sign the sale paperwork.
• Deposit checks into the bank account of Anna Baker while she is out of the country.
• Sign the closing papers for the purchase of the house at 123 Main Street on behalf of Anna Baker.

Common Mistakes When Filling Out the Form

Small slips on the form are easy to miss, and they are quick to fix before you print. Read the form once from top to bottom, then check your entries against this list.

• Using a nickname instead of the full name of the principal or the agent.
• Writing a vague purpose such as “handle my affairs” instead of naming the task.
• Leaving the effective date or termination date lists without any initials.
• Writing dates in different formats on different pages.
• Printing only some of the pages instead of the whole document.

How to Sign and Use the South Dakota Limited Power of Attorney

After you fill in the form, the remaining steps happen away from the keyboard. Print the completed document and work through the steps below in order. Keep a copy for your own records and give your agent a copy as well.

1. Sign and Notarize the Form

   After filling out the form, sign it in the presence of a notary public. The notary will verify your identity and confirm that you are willingly signing the form and are aware of its contents. The notarization process is vital as it adds a layer of legal authenticity to the limited power of attorney.

2. Keep copies

   Make a copy of the signed document for your records and give your agent a copy.

3. Store the original

   Keep the original in a safe place and tell your agent where it is.

South Dakota Limited Power of Attorney Laws

In South Dakota, the signing requirements and laws for a limited power of attorney are guided by specific statutes to ensure the document is legally enforceable. According to the South Dakota Codified Laws (Sections 59-12-1 to 59-12-43), specific criteria must be met when executing this type of document:

• “Agent” refers to any person granted authority to act on the principal’s behalf, including roles like original agent, co-agent, successor agent, or delegatee.
• An agent can act and execute duties as explicitly outlined in the power of attorney document.
• A notary must affirm the document to be considered properly executed and valid.

The principal must specify the extent of powers granted and the circumstances under which these powers will be executed.

Create a personalized South Dakota Limited Power of Attorney Form online now!

Create and Print Online Now

Frequently Asked Questions

What is a South Dakota limited power of attorney?

It is a document where you, the principal, name an agent to act for you in a specific task or set of tasks. It is also called a special power of attorney.

How do I create this document online?

Select “Create My Document” on this page and answer the questions. When you finish, save your progress, download the document and print it.

What do I write on the purpose lines of the form?

Describe each task you want your agent to handle in plain words, one task per line. Name the specific item or transaction when you can, such as a particular vehicle or a particular property.

How do I choose the effective and termination dates?

The form lists effective date options and termination options. Initial the one you want in each list and fill in any date the option asks for.

What should I do after I fill out the form?

Print the completed document and follow the signing steps above. Keep a copy for your records and give your agent a copy.

General information, not legal or tax advice.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.