Power of Attorney Acceptance and Refusal Rules in South Dakota

At a glance

Requirements one by one

Covered form and response

The response provision defines “South Dakota compliant” as a power signed by the principal, substantially in the statutory form and acknowledged before a notary or other authorized acknowledger (§ 59-12-18(1)). Subject to § 59-12-19(2), the recipient must accept the presented power or request permitted material within 10 business days after presentation (§ 59-12-19(1)). Chapter 59-12 excludes health-care powers, entity voting delegations, government-purpose forms and powers coupled with an interest (§ 59-12-2).

Supporting requests and later response

The recipient may request an agent’s certification under penalty of perjury, an English translation when the power contains another language, or a counsel opinion on a legal matter with the request reason in a writing or other record (§ 59-12-18(4)). A translation or opinion is at the principal’s expense unless requested more than 10 business days after presentation (§ 59-12-18(5)). Acceptance generally follows within 5 business days after the material arrives, subject to the refusal grounds (§ 59-12-19(1)–(2)).

Refusal and remedy

Exceptions cover transactions the person need not make with the principal, state or federal-law inconsistency, actual knowledge of termination, refused proof, a good-faith concern about validity or authority, and a specified report to South Dakota agencies or law enforcement (§ 59-12-19(2)). A person refusing in violation of the section is subject to an acceptance order and reasonable attorney’s fees and costs in a proceeding confirming validity or mandating acceptance (§ 59-12-19(3)).

What trips people up

The 10-day clock applies to the defined statutory-form power; the text does not extend it to every power of attorney (§§ 59-12-18(1), -19(1)). A person may not demand another form for authority already granted in a covered power (§ 59-12-19(1)). Other law applicable to financial institutions or entities remains in force (§ 59-12-21).

Common questions

Must a refusal be explained in writing? Section 59-12-19 states no general written-rejection notice. A counsel-opinion request must give its reason in a writing or other record (§ 59-12-18(4)(c)).

Does the recipient always have five days to decide? The first response period is 10 business days after presentation; the 5-business-day period follows receipt of requested material (§ 59-12-19(1)).

Statutes and sources

Current South Dakota Legislature statutes, accessed October 4, 2026.

SDCL 59-12-2. “59-12-2. Applicability. This chapter applies to all powers of attorney other than: (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) A power to make health care decisions; (3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; or (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.” Official statute (accessed October 4, 2026).

SDCL 59-12-18. “59-12-18. Acceptance of and reliance upon acknowledged power of attorney. (1) For purposes of this section and § 52-12-19, the term, South Dakota compliant, means a power of attorney signed by the principal and substantially in the form provided in § 59-12-41 and acknowledged before a notary public or other individual authorized to take acknowledgements. (2) A person that in good faith accepts a South Dakota compliant power of attorney without actual knowledge that the signature is not genuine may rely upon the power attorney as being valid. (3) A person that in good faith accepts a South Dakota compliant power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated; that the purported agent's authority is void, invalid, or terminated; or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect; the agent's authority were genuine, valid, and still in effect; and the agent had not exceeded and had properly exercised the authority. (4) A person that is asked to accept a South Dakota compliant power of attorney may request, and rely upon, without further investigation: (a) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. (5) An English translation or an opinion of counsel requested under this section shall be provided at the principal's expense unless the request is made more than ten business days after the power of attorney is presented for acceptance. (6) For purposes of this section and § 59-12-19, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.” Official statute (accessed October 4, 2026).

SDCL 59-12-19. “59-12-19. Liability for refusal to accept acknowledged power of attorney. (1) A person shall accept a South Dakota compliant power of attorney or request a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) no later than ten business days after presentation of the power of attorney for acceptance. If a person requests a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4), the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (2) A person is not required to accept a South Dakota compliant power of attorney if: (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances; (b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law; (c) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (d) A request for a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) is refused; (e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) has been requested or provided; or (f) The person makes, or has actual knowledge that another person has made, a report to the South Dakota Department of Social Services, South Dakota Department of Human Services, or law enforcement stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (3) A person that refuses in violation of this section to accept a South Dakota compliant power of attorney is subject to: (a) A court order mandating acceptance of the power of attorney; and (b) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.” Official statute (accessed October 4, 2026).

SDCL 59-12-21. “59-12-21. Laws applicable to financial institutions and entities. Nothing in this chapter may be interpreted to amend or supersede any other law applicable to financial institutions or other entities.” Official statute (accessed October 4, 2026).