Power of Attorney Requirements in South Dakota
South Dakota requires the principal's signature on a power of attorney to be acknowledged before a notary, with no witnesses required.
Last checked . General information, not legal advice.
South Dakota at a glance
- Notarization
- Required
- Witnesses
- None
- Uniform Power of Attorney Act
- Adopted (2020)
- A substantially similar version
The rules in South Dakota
Does a power of attorney need to be notarized in South Dakota?
South Dakota requires a power of attorney to be acknowledged before a notary.
How many witnesses does a power of attorney need in South Dakota?
None. South Dakota does not require witnesses for a power of attorney, but it does require notarization.
Has South Dakota adopted the Uniform Power of Attorney Act?
Yes, in a substantially similar version. The Uniform Law Commission lists the enactment in 2020.
Where do the South Dakota rules for powers of attorney come from?
They come from SDCL 59-12-4, SDCL chapter 59-12, Uniform Power of Attorney Act and Uniform Law Commission, Power of Attorney Act enactment history. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How South Dakota compares
South Dakota is one of 24 jurisdictions that require notarization.
What this means in practice
Even where notarization is optional, banks, brokers and title companies often ask for a notarized power of attorney before they act on it. Notarizing is usually the safer choice.
Choose an agent you trust, name a backup, and give the agent a signed copy. Keep the original in a place your agent can reach.
You can revoke a power of attorney while you have capacity. Tell your agent and anyone who relied on it, in writing.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.