A South Dakota power of attorney is a power of attorney form complies with Title 59 of South Dakota’s Codified Laws. These laws specifically outline the parameters of a legally enforceable power of attorney and ensures that the form, as well as its duties are protected under the law. Here are some of the state’s power of attorney requirements:
There are many reasons why an individual would use a South Dakota power of attorney. Sometimes a person who is elderly, mentally ill, or of failing health may need someone to handle their affairs. Elderly individuals who may suffer from Alzheimer's or dementia and may no longer be able to handle affairs such as paying bills, or buying or selling property.
A power of attorney form is not only for the sick, or elderly. Power of attorney forms are recommended for the perfectly healthy as well. There are multiple reasons why one would want their agent to handle their affairs, and one of those is business. If the grantor owns a business, then it is important that the agent have the power to run and execute important tasks that involve the company, such as paying employees or vendors. However, as with all power of attorney forms, it is imperative that you clearly state which powers your agent does and does not have. If you do not want your agent to have the power to fire or hire employees, then you must clearly state this in your document.
No one knows what will happen tomorrow, and it is always best to be well prepared in the event of an accident. No matter the situation, one individual’s power of attorney needs will vary from the next. Accordingly, there are many types of power of attorney. Here are some of the most common:
General Power of Attorney
A general power of attorney grants a single individual to handle financial matters on behalf of the grantor. However this authorization would become null and void should the principal become incapacitated, or if he or she were to pass away.
Durable Power of Attorney
A durable, also known as a statutory power of attorney, is an "extended version" of a general power of attorney because it goes beyond the parameters of a general power of attorney. The term "durable" comes from the fact that this authorization continues over the grantor’s finances if he or she were to become disabled or incapacitated.
Limited Power of Attorney
A limited, also known as a special power of attorney, grants limited power to whatever the grantor specifies. In many cases, an agent will have power to handle finances, or make medical decisions, but will not have authority to do other things such as sell property (depending on what the grantor decides). Just like a special power of attorney, the authority diminishes if the grantor dies.
Medical Power of Attorney
This form grants power to the agent to make important health care decisions on the grantor’s behalf should he or she become incapacitated or unable to make such decisions. For instance, if the grantor were to suffer from Alzheimer's or dementia and not be in the right frame of mind to give medical consent for certain treatments.
Minor Child Power of Attorney
This type of power of attorney allows a parent to grant decision-making rights over their child to a temporary guardian in the case that the parent may not be present during a medical emergency. This form is generally used if the parent must leave the country for a period of time.
Revocation of Power of Attorney
This form is used to end a current power of attorney form, thereby ending the grantor-agent relationship. This form only needs to be signed by the grantor, however, the grantor must be of sound mind to do so.
Real Estate Power of Attorney
This form grants power to the agent, allowing them to buy, sell, and manage real estate on the grantor’s behalf.
Tax Power of Attorney
This form, officially known in South Dakota as Form RV-071, allows the agent who is usually a qualified individual such as an accountant, to prepare and submit tax information to the Department of Revenue on behalf of the grantor.
Vehicle Power of Attorney
This type of power of attorney, officially known as Form MV-008, which allows the agent to buy, sell, and handle the necessary paperwork with the South Dakota Department of Motor Vehicles on the grantor’s behalf.