Limited Power of Attorney - South Dakota
LIMITED POWER OF ATTORNEY (SOUTH DAKOTA)
Before you use this: Identify one transaction, every authorized act, the property, an amount limit, and an end date. A power intended for land recording needs a separately formatted recording copy under SDCL §§ 59-12-41, 43-28-23, and 7-9-1. This custom form does not grant any of the special powers listed in SDCL § 59-12-23(1).
1. Principal and agent
I, [PRINCIPAL FULL LEGAL NAME], of [ADDRESS], appoint [AGENT FULL LEGAL NAME], of [ADDRESS], as my agent only for the transaction described below.
2. Exact authority granted
Transaction and counterparty: [DESCRIBE ONE TRANSACTION AND THE OTHER PARTY]
Acts the agent may perform and documents the agent may sign: [LIST EACH ACT AND DOCUMENT]
Property or account: [IDENTIFY EXACTLY; IF LAND, ATTACH ITS LEGAL DESCRIPTION]
Maximum amount the agent may pay, receive, or commit: $[AMOUNT]
Additional conditions: [CONDITIONS / NONE]
The agent may obtain information and communicate with the identified counterparty only as necessary for the listed acts. A blank act or property description grants no authority. Land may be conveyed or encumbered only if that precise act and parcel are written above.
3. Special powers withheld
The agent may not create, amend, revoke, or terminate a trust; make a gift; create or change a survivorship right or beneficiary designation; delegate this power; waive a survivor annuity or retirement benefit; exercise delegable fiduciary powers; access the content of my electronic communications; or disclaim property. These are the specific-grant acts in SDCL § 59-12-23(1), and none is granted here. The agent also may not make health-care decisions, make or change my will, or use my property for personal benefit.
4. Effective date, durability, and end
This power takes effect when I execute it. This power of attorney shall not be affected by disability of the principal. It ends when the transaction is completed or, if earlier, at [TIME] on [EXPIRATION DATE]. It may end sooner under SDCL § 59-12-9, including on my death or revocation. The agent must stop acting upon learning that authority has ended.
5. Agent's duties
If the agent acts, the agent must follow my reasonable expectations to the extent actually known and otherwise act in my best interest, act in good faith, and stay within this grant. The agent shall keep accurate records of receipts, disbursements, and transactions under this power and give me a copy on request.
6. Principal's signature
I sign this limited power of attorney on [__/__/____] at [CITY, STATE].
Principal's signature: ____________________________________
Printed name: [PRINCIPAL FULL LEGAL NAME]
7. Acknowledgment
State of [STATE], County of [COUNTY]. This record was acknowledged before me on [__/__/____] by [PRINCIPAL FULL LEGAL NAME].
Notarial officer's signature: ____________________________________
Printed name and title: [________________________________] Official seal: [SEAL]
Commission expires: [__/__/____]
8. Agent's receipt
I acknowledge receipt and will act only within the authority written above.
Agent's signature: ____________________________________ Date: [__/__/____]
9. Land-recording instruction
If the transaction involves land and this power is to be recorded with the register of deeds, prepare the signed recording copy on white paper of at least 20-pound weight in 8.5-by-11 to 8.5-by-14-inch sheets, with black text of at least 10 points, a three-inch blank top space on the first page, one-inch other margins, and the document title below the top space. Put “prepared by” followed by the preparer's name, address, and telephone number in the left half of that top space; leave the right half for the register of deeds. Confirm the deed's separate signing, acknowledgment, and recording requirements before the agent acts. The agent's authority remains limited to the parcel and act stated in Section 2.
Sources and References
- South Dakota Legislature, SDCL chapter 59-12 and exact sections in the frontmatter.
- South Dakota Legislature, SDCL § 43-28-23 and § 7-9-1.
About this template
- Last updated
- October 4, 2026
- Citations checked
- October 4, 2026
- Jurisdiction
- South Dakota
- Category
- Estate Planning & Wills
Legal authority
- SDCL § 59-12-3 (express durability language)
- SDCL § 59-12-4 (principal signature and acknowledgment)
- SDCL § 59-12-8(1) (effective upon execution unless otherwise provided)
- SDCL § 59-12-9(1) (termination, including completed limited purpose)
- SDCL § 59-12-13(1) (mandatory agent duties)
- SDCL § 59-12-23(1) (powers requiring specific grant)
- SDCL § 59-12-41 (statutory form and recording cross-reference)
- SDCL § 43-28-23 (real-estate recording format)
- SDCL § 7-9-1 (recording preparer legend)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 4, 2026.
SDCL § 59-12-3 (checked October 4, 2026): "This power of attorney shall not be affected by disability of the principal"
SDCL § 59-12-4 (checked October 4, 2026): "A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. Any signature under this section shall be acknowledged before a notary public or other individual authorized by law to take acknowledgments."
SDCL § 59-12-8(1) (checked October 4, 2026): "A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency."
SDCL § 59-12-9(1) (checked October 4, 2026): "The purpose of a limited or special power of attorney is accomplished"
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