South Dakota Codified Laws 59-12-17. Agent’s resignation–Notice
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Unless otherwise provided in the power of attorney, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to the guardian, if any, and any co-agent or successor agent, or to:
(1) The principal’s caregiver; or
Terms Used In South Dakota Codified Laws 59-12-17
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) If there is no principal caregiver, to:
(a) Another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or
(b) A governmental agency having authority to protect the welfare of the principal.
Source: SL 2020, ch 214, § 17.