Power of attorney guide
Power of Attorney in South Dakota
South Dakota law presumes a notarized signature is genuine rather than requiring a notary outright, but every bank and recorder treats notarization as required. South Dakota publishes a statutory form (SDCL §59-12-41). An online notarization performed under another state's law is recognized in South Dakota.
South Dakota power of attorney at a glance
Notary
Recommended (required to record)
Witnesses
None required
Online notarization
Accepted
Statutory form
SDCL §59-12-41
Financial (property) power of attorney under SDCL Chapter 59-12. Health-care documents follow their own rule: see below. Checked 2026-10-17.
The South Dakota statutory form
South Dakota statutory form power of attorney : SDCL §59-12-41.
The statutory form is the one banks and recorders in South Dakota see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.
How to sign a power of attorney in South Dakota
A notarized signature is presumed genuine (SDCL §59-12-5); notarization is not strictly required but is expected by institutions and required to record.
No witnesses are required.
Online notarization in South Dakota
South Dakota recognizes acknowledgments taken before a notary of another state (SDCL §18-5-9) and has run its own remote notarization since 2019.
Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for South Dakota signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; South Dakota honors it under the recognition rule above. Details for this state are on the South Dakota online notarization requirements page.
Using it for real estate
A power of attorney for a conveyance must be acknowledged and recorded with the register of deeds (SDCL §43-25-1 et seq.).
Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.
Medical power of attorney in South Dakota
A South Dakota durable power of attorney for health care (SDCL §59-7-2.1) must be signed before two adult witnesses or a notary.
What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.
Revoking a South Dakota power of attorney
Written revocation delivered to the agent; record it where the original was recorded.
South Dakota power of attorney questions
- Does a power of attorney need to be notarized in South Dakota?
- A notarized signature is presumed genuine (SDCL §59-12-5); notarization is not strictly required but is expected by institutions and required to record.
- Does a South Dakota power of attorney need witnesses?
- No witnesses are required.
- Can a South Dakota power of attorney be notarized online?
- South Dakota recognizes acknowledgments taken before a notary of another state (SDCL §18-5-9) and has run its own remote notarization since 2019.
- Is there an official South Dakota power of attorney form?
- Yes, the South Dakota statutory form power of attorney (SDCL §59-12-41).
- Does a power of attorney have to be recorded in South Dakota?
- Only when it is used to sign a deed, mortgage or other recorded instrument. A power of attorney for a conveyance must be acknowledged and recorded with the register of deeds (SDCL §43-25-1 et seq.).
- How is a medical power of attorney signed in South Dakota?
- A South Dakota durable power of attorney for health care (SDCL §59-7-2.1) must be signed before two adult witnesses or a notary.
Types of power of attorney
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
Medical power of attorney
Names someone to make health care decisions when you cannot. Witness rules vary by state.
Limited power of attorney
Authority for one task or one period: a closing, a permit, a vehicle sale, a trip abroad.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
Springing power of attorney
Takes effect only when a stated event happens: usually a doctor's finding of incapacity.
Vehicle power of attorney
Lets someone title, register or sell a car for you. Most DMVs publish their own notarized form.
Real estate power of attorney
To buy, sell, mortgage or manage property. Must be notarized and is recorded with the deed.
Power of attorney for a minor child
Lets a grandparent, relative or friend care for your child and deal with schools and doctors while you are away.
Power of attorney for vital records
Lets an agent request a birth, death or marriage certificate for you where the state allows it.
Other states
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Sources
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision. Confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.