South Dakota Real Estate (Property) Power of Attorney Form

Many people may not be aware of the opportunity a South Dakota Real Estate (Property) Power of Attorney provides individuals to share the burden of managing their real estate affairs. That is, using this form, an individual can nominate another party, called their Agent, to represent them in order to manage one or more real estate affairs for them. As long as the terms of the contract are compliant with state laws and the Agent agrees to take on all that is associated with this position, the Principal is lawfully able to delegate any type/s and any number of real estate affairs to the Agent, for any period of time.


State Laws & Signing Requirements

State Laws – Title 59, Agency

Signing Requirements – If the Real Estate Power of Attorney is general in type (i.e. it will terminate upon the Principal’s incapacity), there are no signing requirements mandated by state law. However, if it is durable in type (i.e. it will not terminate upon the Principal’s incapacity), the Principal must sign the form, as per § 59-6-11.

Although not mandated by law, it is highly recommended that any Real Estate Power of Attorney is signed by the Principal before two (2) witnesses and a Notary Public.