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SOUTH DAKOTA LEGAL INFORMATION
Power of Attorney Statutes
- Notary: There is no requirement within the statutes that the signature of the principal upon a POA must be acknowledged by a notary; however, as a practical matter, all POAs that contemplate the agent acting on the principal's behalf in regard to real estate should be notarized. The standard MedLawPlus.comŽ POA form does have a signature block for the notary attestation.
- Witnesses: There is no requirement of a witness to the signature of principal in addition to the notary.
- Signature of Agent: No requirement that the agent sign the POA; however, the standard MedLawPlus.comŽ POA form does have a signature block for the agent. It is a recommended practice to have the agent (also called "attorney-in-fact") sign the POA.
- South Dakota Statutes dealing with Powers of Attorney, See Section 59-7-2.1.
Library of Informational Legal Articles
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