Having a power of attorney agreement in the USA is among the most essential legal documentation for most residents, and the completion requirements differ from state to state. The South Dakota residents are free to create any South Dakota power of attorney forms to meet some of their legal objectives. The agreements entail selecting an individual to handle your affairs when you are not mentally or physically capable. The one issuing the authority is called the grantor or the principal. The person accepting to execute the decisions is the agent or the attorney-in-fact.
Download your fillable South Dakota Power of Attorney Form in PDF format:
– Adobe PDF
Due to the importance of authority the POA document gives to the agent, you need to carry out due diligence when selecting this person. Choosing a reliable individual will save your life and finances because of the critical decision making involved in the agreements. For instance, a medical POA requires an agent to decide your treatment plan. Since there are many other reasons for using such legal documents, you need to choose an appropriate form depending on the circumstance. Also, the grantor can cancel the power of attorney agreement like any other legal form.
All power of attorney forms must abide by the state laws and regulations, and South Dakota POA also complies with the statutes. The form corresponds with Title 59 of the Codified Laws in South Dakota. These statutes have limitations that protect the grantor, agent, and the witnesses on the agreement. Below are a few requirements that govern the documents:
- According to South Dakota state laws, an attorney-in-fact doesn’t have the authority to consent to the physician withdrawing artificial nutrition, comfort care hydration, or pain medication. However, the agent can withdraw hydration or artificial nutrition under specific situations.
- The grantor must clearly state the precise intention of the power of attorney even if he/she has a disability.
- Pregnant women who are not expecting a live birth must be assigned life-sustaining treatment.
Why Use a POA Form in South Dakota
There are numerous reasons why residents use the South Dakota power of attorney documents. Quite often, the elderly are known for using medical or general POA forms because of deteriorating health or mental conditions. For instance, if your aged parents have Alzheimer’s, they may need to create a power of attorney form to assign a family member the authority to make health care decisions. They may also need an agent to conduct and execute personal matters, such as paying utility bills or shopping for necessities.
Apart from the old and the sick, power of attorney forms can also be used by healthy individuals. Each resident has a personal goal when generating this legal document. Your husband may get involved in a tragic accident and get severe injuries, rendering him immobile. He may need a general POA form to appoint a trusted individual to manage his businesses or financial affairs. If it is a business, the agent will have specific assignments to execute to ensure the business’s smooth running, such as finalizing payroll for employees, paying suppliers, or banking profits. In each form, the grantor must clearly state all the powers on the document to prevent conflict from all parties involved.
Ultimately, creating any legal form is a personal decision that helps you pursue different legal goals. It is imperative to have a POA form ready to protect your interests since no one knows about tomorrow. Illnesses, accidents, and other calamities can happen when you are vulnerable. Ensure that you know more about the types of forms available to make an informed decision.
Here are the different types of South Dakota power of attorney forms:
This type of power of attorney form bestows one person the mandate to manage the principal’s financial affairs. According to the South Dakota state laws, the agreement becomes invalid when the grantor dies or is incapacitated.
Durable agreements are quite similar to general POA documents but hold more power when it comes to validity. When the grantor falls ill or becomes incapacitated due to an accident or other reasons, the court will still recognize the agreement.
When a grantor wants to assign specific powers to an agent, the limited power of attorney form will serve the purpose. In such an agreement, the attorney-in-fact can have the authority to manage financial matters but not finalize any transactions at hand. It all depends on the principal’s wishes. This form is also called a special power of attorney, and the powers diminish upon the grantor’s death.
Minor Child POA
When a parent has to travel overseas for an extended period, he/she can create a minor child power of attorney form. The agent is a temporary guardian and makes critical decisions in case of a health emergency on behalf of the parent.
This document issues permission to an agent to make crucial decisions when the grantor cannot handle his health care issues. For instance, when the principal has Alzheimer’s disease, giving consent for particular drugs and treatment can be challenging.
A grantor can opt to annul a power of attorney agreement using a revocation form. It ends the current contract between a principal and an agent. However, the grantor must sign the document while in good mental health to be considered valid.
Real Estate POA
When you fall ill and can’t run your real estate business, you can assign an agent to handle all your property dealings with customers. For instance, buying, selling, or leasing properties on your behalf as a grantor.
You can assign an attorney-in-fact the authority to buy or sell motor vehicles using the Form MV-008, a vehicle power of attorney. The agent will be responsible for signing all the Motor Vehicle Department of South Dakota paperwork.
This document is referred to as Form RV-071, and it permits you to assign authority to an expert to conduct tax preparation and filing. The agent will submit all of your tax data to the Revenue Department of South Dakota.