South Dakota Power of Attorney Form
Authorize someone you trust to act on your behalf. Fill in the details below and download a print-ready PDF. Free, no signup — but read the signing rules below, because a POA usually must be notarized.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Using a power of attorney in South Dakota
How South Dakota’s statute treats durability, statutory forms, real estate, and revocation — with the section each rule comes from.
- Uniform act. South Dakota has adopted the Uniform Power of Attorney Act, so its rules on agent duties and third-party acceptance follow the national model. — SDCL ch. 59-12 'Uniform Power of Attorney Act' (SL 2020, ch 214) ↗
- Not durable by default. In South Dakota the document must say expressly that it survives incapacity — this template includes that language. — SDCL § 59-12-3 (SL 2020, ch 214, § 3) — SD departs from UPOAA §110: durability requires express words ↗
- Statutory form. South Dakota’s code includes an optional form (South Dakota Statutory Form Power of Attorney, SDCL § 59-12-41); banks are most familiar with it. — SDCL § 59-12-41 (SL 2020, ch 214, § 41) ↗
- Real estate. No statutory requirement to record found in ch. 59-12; §§ 59-12-41/42/43 only state that SDCL 43-28-23 and 7-9-1 (document format standards) apply to any POA 'that is to be recorded with the register of deeds'. — SDCL § 59-12-41 (SL 2020, ch 214, § 41) ↗
- Agent’s certification. Agent's Certification as to the Validity of Power of Attorney and Agent's Authority, SDCL § 59-12-42 (optional form) — SDCL § 59-12-42 (SL 2020, ch 214, § 42) ↗
- Revoking it. POA terminates when the principal revokes it (§ 59-12-9(1)(c)); SD provides an optional South Dakota Statutory Form Revocation of Power of Attorney (§ 59-12-43); copies should be delivered to anyone holding the original POA. — SDCL §§ 59-12-9 and 59-12-43 (SL 2020, ch 214) ↗
Each point links to the South Dakota source it was taken from. Rules change; confirm before relying on them.
South Dakota signing rules · as of 2026
- Notarization
- Required
- Witnesses
- None required
- Official state form
- Yes
Source: S.D. Codified Laws §59-12-4 (form §59-12-41) · verify ↗. A POA gives real authority over your money — sign it before a notary (and witnesses where required), and take advice for high-value or health-care matters.
Need the document itself?
Fill in a South Dakota power of attorney and download a print-ready PDF — free, no signup, and it runs entirely in your browser.
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What a South Dakota power of attorney does
It lets your chosen agent step into your shoes for the tasks you allow — paying bills, managing bank accounts, handling real estate or taxes — which is invaluable if you travel, deploy, or want a plan in case of illness. You stay in control: you decide the powers, whether it’s durable, and you can revoke it anytime.
If your agent will sign a deed for you, the deed itself still has to meet South Dakota’s rules for signing and recording — the South Dakota quitclaim deed page lists them, with the statute.
Signing it correctly in South Dakota
A POA only works if institutions accept it, which is why the signing formalities matter. Get it notarized, add witnesses if South Dakota requires them, and check whether your state has a statutory form banks prefer. See the current South Dakota power-of-attorney requirements.
Frequently asked questions
Does a South Dakota power of attorney have to be notarized?
Yes — in South Dakota, a financial power of attorney must be notarized to be valid (as of 2026). Source: S.D. Codified Laws §59-12-4 (form §59-12-41).
What powers can I give my agent?
You can grant broad authority (banking, real estate, bills, taxes, insurance) or limit it to specific tasks. List exactly what you want your agent to handle in the “powers” field. Some acts (like real estate) may need extra formalities to be recorded in South Dakota.
Is a power of attorney durable by default in South Dakota?
No. In South Dakota the document must state expressly that it survives incapacity — this template includes that language. Source: SDCL § 59-12-3 (SL 2020, ch 214, § 3) — SD departs from UPOAA §110: durability requires express words.
Does South Dakota have a statutory power of attorney form?
Yes — South Dakota Statutory Form Power of Attorney, SDCL § 59-12-41. Banks and agencies are most familiar with it; the template here follows the same structure. Source: SDCL § 59-12-41 (SL 2020, ch 214, § 41).
How do I revoke a power of attorney in South Dakota?
POA terminates when the principal revokes it (§ 59-12-9(1)(c)); SD provides an optional South Dakota Statutory Form Revocation of Power of Attorney (§ 59-12-43); copies should be delivered to anyone holding the original POA. Source: SDCL §§ 59-12-9 and 59-12-43 (SL 2020, ch 214).
How does South Dakota compare? See the notary and witness rules in all 50 states, every rule cited to statute.
How South Dakota compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for South Dakota: S.D. Codified Laws §59-12-4 (form §59-12-41) ↗.
- South Dakota is one of 30 of 51 jurisdictions that require notarization (20 recommend (but do not require) notarization; 1 do not require notarization).
- South Dakota is one of 35 of 51 jurisdictions that publish a statutory form in the code (16 have no statutory form).
- Witnesses required
Witnesses required: 0, exactly the national median.
This is the most common figure nationally — shared by 40 other states.
Witnesses required in neighboring states — Iowa (0), Minnesota (0), Montana (0), Nebraska (0), North Dakota (0), Wyoming (0). Every neighboring state with a rule matches South Dakota.
The rest of what South Dakota requires
The figures below are South Dakota's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full South Dakota page for that document.
- Security deposit cap · as of 2026
- 1 month's rent S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗
- Deposit return deadline · as of 2026
- 14 days after move-out S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗
- Small claims limit · as of 2026
- $12,000 SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure) ↗
- Where you file · as of 2026
- Small claims procedure in Magistrate Court / Circuit Court (SD Unified Judicial System) · filing fee $24.84 to $42.84 all-in by claim size per the official UJS schedule: up to $100 = $24.84; $100.01-$1,000 = $30.84; $1,000.01-$3,999.99 = $40.84; $4,000-$12,000 = $42.84; add $11.84 per additional defendant (totals include certified-mail service). SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure) ↗
- Rental application fee · as of July 2026
- No statutory limit South Dakota Codified Laws ↗
- Bill of sale notarization · as of 2026
- Not required South Dakota DMV (Form MV-016) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules SDCL §§ 47-34A-101(14), 47-34A-103 ↗
- Recording a deed · as of 2026
- County Register of Deeds (SDCL 43-28-1 — 'must be recorded by the register of deeds of the county in which the real property... is situated') · no witnesses SDCL 43-25-26 ↗
Power of attorney in other states
More South Dakota legal forms
Different state? See power of attorney by state →