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Commonly Asked Questions about South Dakota Power of Attorney Forms

Definition: A Durable POA is a legal document that remains in effect even if the principal (the person who made the POA) becomes incapacitated. The term durable refers to the POAs endurance through the principals incapacity.
59-12-4. Execution of power of attorney. A power of attorney shall be signed by the principal or in the principals conscious presence by another individual directed by the principal to sign the principals name on the power of attorney.
Create the POA Using a Form, Software, or Attorney South Dakota has a statutory form for a financial POA that you can use. The form allows you to name an agent (and co-agents and successor agents) and the powers youre giving your agent. (S.D. Codified Laws 59-12-41 (2024).)
A South Dakota tax power of attorney (Form 1285) allows businesses to appoint an agent to handle state tax affairs. It delegates matters such as requesting confidential materials, filing forms, and signing tax returns to the agent.
South Dakota State sales and use tax is 4.2%. All sales of taxable products and services, including attorney services, are subject to the state sales tax. Municipal sales tax is 1% to 2%. Any municipality may impose a sales and use tax in addition to the state sales tax.
Some customers are exempt from paying sales tax under South Dakota law. Examples include government agencies, some nonprofit organizations, and merchants purchasing goods for resale. Sellers are required to collect a valid exemption or resale certificate from buyers to validate each exempt transaction.
A durable power of attorney may be created at any time by a competent adult. It must properly state your intent to give authority to your agent to make health care decisions should you become incapacitated. It must also be signed by you and two witnesses or a notary public.