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.
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)
- SDCL § 59-12-3 — Durable power of attorney
- SDCL § 59-12-4 — Execution of power of attorney
- 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.