(1) An agent has authority described in this chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in §§ 59-12-26 through 59-12-39 or cites the section in which the authority is described.

(2) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in §§ 59-12-26 through 59-12-39 or a citation to §§ 59-12-26 through 59-12-39 incorporates the entire section as if it were set out in full in the power of attorney.

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Terms Used In South Dakota Codified Laws 59-12-24

  • 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

(3) A principal may modify authority incorporated by reference.

Source: SL 2020, ch 214, § 24.