South Dakota · SDCL 59-12-4, 59-12-19South Dakota power of attorney at closing: the notary requirement and the 10-business-day acceptance rule

Under South Dakota's Uniform Power of Attorney Act, a power of attorney is signed by the principal – or in the principal's conscious presence by someone the principal directs – and the signature must be acknowledged before a notary public or other person authorized to take acknowledgments (SDCL 59-12-4). A power executed in South Dakota on or after July 1, 2020 is valid if it meets that rule; one executed earlier is valid if it met the law at the time; one executed elsewhere is valid if it met the governing law where executed or the federal military power of attorney rules; and a photocopy or electronically transmitted copy has the same effect as the original (59-12-5). A person presented with a South Dakota compliant power of attorney must accept it, or request a certification, translation or opinion of counsel, within ten business days after presentation, then accept within five business days after receiving it, and may not require a different form – unless an exception applies, such as actual knowledge of termination, a good-faith belief the power isn't valid, or a report of suspected abuse; a wrongful refusal can bring a court order and liability for attorney's fees and costs (59-12-19).