The Uniform Power of Attorney Act of South Dakota went into impact on July 1, 2020 Weiner Brodsky Kider PC

On July 1, 2020, South Dakota SB 148 went into effect, which passed the Unified Power of Attorney Act. The law was incorporated into the law on March 20, 2020 and, together with 25 other states, passed this uniform law.

The law creates Sections 59-12-1 through 59-12-43 of the South Dakota Codified Laws, which regulate the definitions, powers, limitations, and applicability of powers outside the health context. The existing legal structure of South Dakota for powers of attorney remains in place.

In the notarial context, the new law requires, among other things, that a power of attorney is signed by the client or, in the conscious presence of the client, by another person appointed by the client in order to sign the name of the client on the power of attorney. A power of attorney must also be recognized before a notary or another person authorized to recognize it.