Free South Dakota Power of Attorney Form


Of the hardest things anyone could do, requesting doctors to pull off the plug is the toughest, saddest, and an event that will linger in your mind for the rest of your life. While it doesn’t make things any easier, knowing that making that decision is something the unconscious person wished for will take the blame off your shoulders, especially if the rest of the family is against the decision.

And even though none of us wishes to think of the worst that could happen, having your affairs in order is a big step. A power of attorney, POA, helps you make those tough calls since it’s legally binding and it names the person who will make the tough calls in the event of your incapacitation or unavailability.

Given the fact that we have trust issues, you’d be happy to know that you don’t have to sign off complete powers over all your affairs to one person. You can also have different people taking care of different areas of your life. What this means is that there exist several types of POAs and you can use one type if all you want to do is to authorize someone to take care of a specific thing when you cannot.

Springing and non-springing powers of attorney

Real danger looms when you have your trusted person walking around with a document showing that they can act on your behalf and as per your directions, even when you are healthy, of sound mind, and in the neighborhood. You wouldn’t want this to happen to you, would you?

Well, since your confidant can go back on their word at any time for their selfish interests, most POAs have springing powers of attorney. This means that the powers are only executable when the need arises: that is, when you are incapacitated, unavailable, and without control of your affairs.

  • The opposite, springing powers of attorney are rarely authorized unless when you are sick, and you need someone to take care of things in case your health deteriorates. Of course, there are other cases where the powers apply.

    • 1. South Dakota Durable Power of Attorney

The durable POA, also called the DPOA refers to a document that gives your trusted person the authority to make tough decisions and to act as you would in your absence. As the agent, you need to follow the terms of the document to the latter as it’s legally binding.

In South Dakota laws, and as you fill the free South Dakota power of attorney form, you will note that the durable POA gives you authority over the principal’s financial affairs and healthcare. An agent also gets to conduct business for the principal in their absence.

Considering all the power granted by a durable POA, it only makes sense that the state considers the appointment of an agent the most important thing to do.

  • Some of the responsibilities of agent granted by the DPOA include:

    • Suing on the principal’s behalf

    • Buying and selling things

    • Making healthcare decisions and consenting to or refusing to give consent to life-sustaining medical procedures

    • Business management

    • Investing money

    • Cashing checks and managing general financial matters

Health directives

As a principal, if you are for or against the implementation of extreme life-sustaining medical procedures if suffering from a terminal/ incurable disease, then a POA ensures that your wishes are respected.

For how long is a durable POA for health care valid?

Well, in the state of South Dakota, the document is effective for as long as possible, unless the principal revokes it or if someone dies (principal or agent). However, the document must be reviewed at least once in every 2 years to ensure that the expressed directives remain appropriate. Note that these details could be highlighted in free power of attorney form in South Dakota.

The requirements and the obligations of the parties in the DPOA are highlighted in section 59-7-2.1, et seq. of South Dakota laws as per the provisions of the Termination of Agency.

DPOA powers

As mentioned above, the document gives the agent power to consent to or to refuse their consent to medical interventions meant for life support.

However, the agent cannot authorize withholding of artificial hydration and nutrition, as well as measures to provide pain relief.

Legal Requirements

The DPOA should show the principal’s specific intent and how far the powers extend. However, it doesn’t give the agent power over life-sustaining measures for a pregnant woman unless the chances of live birth are medically unlikely.

DPOA Revocation

The revocation of the document must recorder with South Dakota’s register of the deeds.

Liability

  • A doctor acting in good faith will not be liable for their actions.

    • 2. South Dakota Limited POA

  • This document lets you authorize an agent to take care of specific things in your absence or when you’re incapacitated. It’s revocable through the issuance of a revocation notice which should be sent to the agent and affected third parties.

    • 3. South Dakota POA For Childcare

A special POA, signed and notarized, granting a non-parent power over a minor for a specific duration. A parent revokes the powers at any time by signing and delivering the document to the non-parent. The powers over medical treatment or anything else granted to the nonparent are revoked immediately the document is revoked.

Looking for expedited processing of your POA. Start off by getting our free power of attorney form available online and to all residents living in Sioux Falls, Rapid City or any other city of South Dakota.