South Dakota Codified Laws 59-12-40. Effect on existing powers of attorney
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Except as otherwise provided in this chapter:
(1) This chapter applies to a power of attorney created on, or after July 1, 2020;
Terms Used In South Dakota Codified Laws 59-12-40
- 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) This chapter applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2020;
(3) This chapter applies to a judicial proceeding concerning a power of attorney commenced before July 1, 2020, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4) An act done before July 1, 2020 is not affected by this chapter.
Source: SL 2020, ch 214, § 40.