South Dakota Codified Laws 59-12-5. Validity of power of attorney
(1) A power of attorney executed in this state on or after July 1, 2020, is valid if its execution complies with § 59-12-4.
(2) A power of attorney executed in this state before July 1, 2020, is valid if its execution complied with the law of this state as it existed at the time of execution.
Terms Used In South Dakota Codified Laws 59-12-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(a) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 59-12-6; or
(b) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044(b).
(4) Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Source: SL 2020, ch 214, § 5.