South Dakota Minor Child Power of Attorney Form

The South Dakota Minor Child Power of Attorney is a document that makes it possible for parents or guardians to achieve three notable objectives:

  • List out the circumstances that may cause them to be absent from their child/ren,
  • Name a trusted individual, called their Agent, who will step in for them during if these circumstances arise, and
  • State which actions the Agent will be authorized to complete.

Additional Considerations

The convenience this agreement offers is a primary reason why many parents and guardians may wish to enact it. Moreover, it provides them with the peace of mind that even when they cannot do so themselves, there will always be someone who will be there to look after their child/ren.

State Laws & Signing Requirements

State Laws – Title 59, Agency

Signing Requirements – State law does not specifically make mention of signing requirements of a Minor Child Power of Attorney. It does, however, differentiate between those for a durable or a general type of Power of Attorney. That is, as per § 59-6-11, for a durable type of POA to be executed it must be signed by the Principal. In this case, the parents or guardians. Whereas, state law does not specify any signing requirements for a general type of Power of Attorney.

Regardless of the type of Power of Attorney parents or guardians execute in regards to their child/ren, it is strongly recommended that they sign the form before a Notary Public and at least two (2) disinterested witnesses.