South Dakota Financial Power of Attorney Form
FindLaw has partnered with experienced attorneys to create financial power of attorney forms you can complete quickly and easily from the comfort of home. Just follow along with our easy step-by-step process to create a financial power of attorney that is customized to South Dakota’s laws and your unique situation.
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Do I Really Need a Financial Power of Attorney in South Dakota?
You need a power of attorney if you want to name the person who will manage your financial affairs and property when you become incapacitated. If you do not have a power of attorney, your loved ones likely will need to go to court to ask a judge to appoint a guardian or conservator.
This court process can cause unneeded stress for your loved ones, and it can be expensive and time-consuming. A court will try to pick the right guardian or conservator for you, but it could end up choosing someone you would not choose.
Through our easy-to-follow process, you can create a financial power of attorney quickly and securely today.
South Dakota Financial Power of Attorney Options
Financial Power of Attorney
For One Person
A do-it-yourself financial power of attorney form that’s easy to personalize.
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Estate Planning Package
For One Person
All the forms you need to create a personal estate plan.
How It Works
The process takes less than an hour, and you can complete it from the comfort of your home.
Answer Some Questions
Decide who your agent will be and what authority you want them to have. Then, simply answer a few questions.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
Complete Your Document
Once you answer the relevant questions, we do the hard part and create your unique document.
Sign & Make It Legal
Sign your document following the instructions on the form. This may include signing in front of witnesses or a notary.
How to Get a South Dakota Power of Attorney
Understand how a POA works in South Dakota
A power of attorney is a legal document that lets you (the principal) name another person (the agent or attorney-in-fact) to act in your place. Your agent’s acts and decisions under your power of attorney will be legally binding on you.
A financial power of attorney gives an agent the power to make decisions about finances, property, and personal matters.
There are several types of financial power of attorney:
- A general power of attorney gives your agent broad authority to act on your behalf.
- A limited power of attorney gives your agent specific powers to handle one transaction or type of transaction.
- A durable power of attorney remains effective when you are incapacitated.
- A nondurable power of attorney terminates when you become incapacitated.
- A springing power of attorney only becomes effective on a future date or when a future event, such as incapacity, occurs.
Choose your agents
Your agent should be someone with good business sense who you trust to handle your finances. They will have access to your bank accounts and property.
You also should name a successor agent in your power of attorney. This person will step in and become the agent if the original agent cannot serve.
Decide how much authority to give your agents
You can give an agent specific powers, but it is best to do this by using a limited power of attorney when you want an agent to perform a specific task or type of action. For example, you could give a financial advisor the ability to manage your investments.
When planning for incapacity, you should give your agent broad powers so they can deal with unexpected issues that arise. If you give them broad powers, they will have more flexibility to act.
Execute your power of attorney document
If you do not follow South Dakota’s requirements for signing your power of attorney, it will not be valid. You must sign and date your power of attorney or direct another person in your presence to sign for you.
A financial power of attorney does not require witnesses, but you must acknowledge your signature before a notary public.
Give your power of attorney to your agent
After your power of attorney is fully signed, give it to your agent and keep a copy of your power of attorney in a safe place.
You can also give your financial power of attorney to businesses or banks that you want your agent to deal with. This is not necessary, but it is a good way to let them know your agent has authority to act for you.
You May Want to Speak With a Lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
Ready to get started on your financial power of attorney? It’s free to start.Create My Form
South Dakota Financial Power of Attorney FAQ
South Dakota attorneys charge a range of fees for a power of attorney. Some will charge per document while others charge an hourly rate. Nationally, attorneys often charge between $100 and $350 per document.
A lower-cost option is to purchase a power of attorney form from a reputable source and to complete it using the above steps. FindLaw’s forms are $35.
FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have a complex case, or would like a lawyer’s review of your estate planning documents, please visit our directory to find a lawyer near you.
South Dakota offers a power of attorney form in its statutes, but it can be difficult to format and fill out. It allows you to select specific powers from a list, but you should make sure you understand what each power means or ask for legal advice from an attorney before you sign it.
You may see free forms from other online sources. Many of these forms are general forms that do not follow South Dakota law. Even if they say they are made for South Dakota, they may not be up to date.
South Dakota does not require you to hire a lawyer to make a financial power of attorney. If you are comfortable following directions and filling out forms, you can use one of the easy-to-complete forms we offer.
However, you can always ask an estate planning attorney licensed in South Dakota to review your completed form if you have questions. A lawyer also can draft a power of attorney for you if you are uncomfortable using a form.
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