1. Appointment of Agent
I, the Principal, hereby appoint [[Agent Full Name]], of [[Agent Address]], ("Agent") as my true and lawful attorney-in-fact to act for me and in my name, place, and stead.
2. Scope of Authority - General Powers
The Agent is authorized to do and perform any and all acts necessary or appropriate in connection with the following matters:
- Real Property: To buy, sell, lease, mortgage, manage, and otherwise deal with any real property in which I have an interest, including execution of deeds, leases, mortgages, and closing documents.
- Personal Property: To buy, sell, lease, and manage tangible and intangible personal property, including vehicles, household goods, and intellectual property.
- Banking and Financial: To open, close, and conduct transactions in bank, brokerage, and investment accounts; to endorse and deposit checks; to make withdrawals; to apply for credit; and to execute financial instruments and wire instructions.
- Taxes: To prepare, sign, and file tax returns; to represent me before tax authorities; to receive refunds; and to negotiate payment plans.
- Legal Proceedings: To commence, defend, settle, or compromise any legal action or claim on my behalf, including hiring attorneys and executing settlement agreements.
- Contracts and Documents: To enter into contracts, execute deeds, assignments, powers, releases, and other documents as may be necessary or desirable.
- Government Benefits: To apply for and manage Social Security, Medicare, Medicaid, veterans' benefits, and other government benefits or entitlements.
- Healthcare Decisions (if designated as healthcare power): To make healthcare decisions consistent with my known wishes or best interests, including consent to or refusal of treatment, admission to facilities, and access to medical records.
- Safe Deposit Boxes and Mail: To access and remove contents from safe deposit boxes and to receive, open, and handle mail and other communications.
- Digital Assets: To access, manage, and close digital accounts and assets as permitted by applicable law.
3. Durability
This Power of Attorney shall not be affected by my subsequent disability, incapacity, or incompetence, and shall continue in full force and effect until revoked by me in writing or upon my death.
4. Effective Date and Revocation
This Power is effective immediately upon execution. I reserve the right to revoke this Power at any time by written notice to the Agent and any third parties relying hereon.
5. Reliance by Third Parties
Any person, bank, corporation, or other entity may rely upon this Power and the acts of the Agent as if they were my own acts, until actual written notice of revocation or termination is received.
6. Ratification
I hereby ratify and confirm all acts lawfully performed by the Agent pursuant to this Power.
7. Governing Law
This Power of Attorney shall be governed by the laws of the State of South Dakota, including the South Dakota South Dakota Power of Attorney provisions (S.C. Code Ann. § 62-8-101 et seq.). The Agent shall act in good faith and within the scope of authority granted. The Agent may be held liable for breaches of fiduciary duty.
7A. Compensation and Reimbursement
The Agent may receive reasonable compensation for services rendered if authorized, and shall be entitled to reimbursement for all reasonable expenses incurred in the exercise of powers under this Power.
8. Signature of Principal
IN WITNESS WHEREOF, I have executed this Power of Attorney on the date first written above.
Signature of Principal: ____________________________________________
Printed Name: [[Principal Full Name]]
Date: [[Date]]
I declare under penalty of perjury under the laws of South Dakota that I am the Principal and that I understand the powers granted herein.
Witness Attestation (Recommended)
We, the undersigned witnesses, attest that the Principal signed this instrument voluntarily and appeared to be of sound mind.
Witness 1 Signature: ________________________________
Printed Name: [[Witness 1]]
Address: [[Address]]
Witness 2 Signature: ________________________________
Printed Name: [[Witness 2]]
Address: [[Address]]
Notary Acknowledgment
State of South Dakota
County of [[County]]
On this ___ day of ______________, 20___, before me personally appeared [[Principal Full Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein stated.
Notary Public Signature: ____________________________________________
Printed Name: ____________________________________________
My Commission Expires: ____________________________________________
(Seal)
Schedule A - Specific Limitations or Additional Powers
[[List any specific limitations on the Agent's authority or grant of additional specific powers not listed above.]]
Agent Acceptance (Recommended)
I, [[Agent Full Name]], accept the appointment as Agent under this Power of Attorney and agree to act in the Principal's best interest and in accordance with the Principal's known wishes and the law. I understand that I must keep accurate records and act only within the scope granted.
Agent Signature: ____________________________________________
Printed Name: [[Agent Full Name]]
Date: [[Date]]
Record of Use (Optional Log for Agent)
The Agent is encouraged to maintain a log of significant actions taken under this Power for the Principal's records and transparency.
| Date | Action Taken | Third Party Involved | Notes |
|------|--------------|----------------------|-------|
| [[Date]] | [[e.g. Deposited check]] | [[Bank name]] | [[Details]] |
Powers Summary Table
| Power Category | Authorized? | Limitations |
|----------------------|-------------|-------------|
| Real Estate | Yes | [[Any]] |
| Banking | Yes | [[Any]] |
| Taxes | Yes | [[Any]] |
| Legal Actions | Yes | [[Any]] |
| Healthcare | [[Yes/No]] | [[Scope]] |
| Digital Assets | Yes | [[Any]] |
Revocation Form (Template)
I, [[Principal Full Name]], hereby revoke the Power of Attorney dated [[Date of POA]] granted to [[Agent Name]] effective immediately.
Signature of Principal: _______________________ Date: _______
Witness: ________________________
Disclaimer
This South Dakota Power of Attorney is a template. The South Dakota South Dakota Power of Attorney provisions sets forth requirements for validity, including execution formalities. Durable powers continue during incapacity. Springing powers (effective upon incapacity) have specific rules. This template does not constitute legal advice. The Principal should consult a licensed South Dakota attorney to ensure the document meets the Principal's specific needs and complies with current law. Third parties may require original or certified copies. Information current as of June 2026.
Banks, brokers, and government agencies may have their own forms or requirements in addition to or instead of this document. The Agent should carry identification and a copy of this Power when acting. Recording may be required for real estate transactions.
End of South Dakota Power of Attorney
