Skip to content

Signing Over Authority

SDCL § 59-12-3 — a power of attorney that survives incapacity, signed before a notary, and an agent bound to act in good faith

A power of attorney is signed by the principal, or by another in their conscious presence at their direction, and the signature is acknowledged before a notary public or another person authorized to take acknowledgments.

  • SDCL § 59-12-4
Email

Durable. Words such as "This power of attorney shall not be affected by disability of the principal" make it durable: the agent's authority continues despite the principal's later disability or incapacity.

  • Act in the principal's reasonable expectations as known, or otherwise in their best interest.
  • Act in good faith, and only within the authority granted.
  • Unless the document says otherwise, act loyally, avoid conflicts of interest, and keep a record of every transaction.

A particular document is a question for a licensed South Dakota attorney.

Sources for this section (3)
  1. SDCL § 59-12-3 — Durable power of attorney
  2. SDCL § 59-12-4 — Execution of power of attorney
  3. SDCL § 59-12-13 — Agent's duties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.