South Dakota Power of Attorney

South Dakota Power of Attorney


I. Appointment of Attorney

I, [Your Name], of [Your Address], hereby appoint [Agent's Name], of [Agent's Address], as my attorney-in-fact to act on my behalf in all matters relating to my finances and property.

II. Authority Granted

I grant my Agent the authority to handle and make decisions regarding my financial matters and property, including but not limited to:

  1. Managing Bank Accounts, Investments, and Financial Assets

    • Authorizes the Agent to manage the Principal's bank accounts, investments, and other financial assets, including making deposits, withdrawals, and investment decisions on behalf of the Principal.

  2. Buying, Selling, or Managing Real Estate Property

    • Grants the Agent the authority to buy, sell, lease, or otherwise manage real estate property owned by the Principal, including signing documents and contracts related to real estate transactions.

  3. Filing Taxes and Handling Tax-Related Matters

    • Empower the Agent to prepare, file, and sign tax returns on behalf of the Principal, as well as to handle any tax-related correspondence or audits with tax authorities.

  4. Making Decisions Regarding Insurance Policies

    • Allows the Agent to make decisions related to the Principal's insurance policies, such as purchasing, renewing, modifying, or canceling insurance coverage as necessary.

  5. Conducting Business Transactions

    • Enables the Agent to conduct various business transactions on behalf of the Principal, including entering into contracts, negotiating deals, and managing business affairs.

  6. Accessing and Managing Digital Assets and Online Accounts

    • Authorizes the Agent to access, manage, and make decisions regarding the Principal's digital assets, including online accounts, social media profiles, and digital files stored online.

  7. Making Healthcare Decisions (if a separate healthcare power of attorney is not in place)

    • Grants the Agent the authority to make healthcare decisions on behalf of the Principal if the Principal becomes incapacitated or unable to make such decisions, provided that a separate healthcare power of attorney is not already in place.

  8. Managing Investments

    • Allows the Agent to manage the Principal's investment portfolio, including buying, selling, and making investment decisions on behalf of the Principal.

  9. Handling Retirement Accounts

    • Authorizes the Agent to manage the Principal's retirement accounts, such as Individual Retirement Accounts (IRAs) or 401(k) plans, including making contributions, withdrawals, and investment decisions.

  10. Settling Debts and Financial Obligations

    • Empower the Agent to settle debts, pay bills, and fulfill other financial obligations on behalf of the Principal, including negotiating payment terms and agreements with creditors.

III. Effective Date and Duration

This power of attorney shall become effective immediately and shall remain in effect even if I become incapacitated or unable to make decisions on my own. It shall remain in effect until revoked by me in writing.

IV. Agent's Duties and Limitations

My Agent shall act in my best interests and exercise the powers granted herein prudently and diligently. My Agent is specifically prohibited from:

  1. Making Gifts: My Agent is prohibited from making gifts of my property or assets to themselves or any other individual or entity unless specifically authorized in writing or by law.

  2. Self-Dealing: My Agent is prohibited from engaging in any transactions that involve self-dealing, conflict of interest, or personal gain at my expense.

  3. Changing Beneficiaries: My Agent is prohibited from changing the beneficiaries of my life insurance policies, retirement accounts, or any other accounts without my express written consent.

  4. Engaging in High-Risk Investments: My Agent is prohibited from engaging in speculative or high-risk investment activities with my assets unless I have provided specific authorization in writing.

  5. Incurring Debt: My Agent is prohibited from incurring debt on my behalf, including loans, lines of credit, or mortgages, without my prior approval.

  6. Disclosing Personal Information: My Agent is prohibited from disclosing my confidential or personal information to any third party without my consent, except as required by law.

  7. Making Healthcare Decisions (if not authorized): If a separate healthcare power of attorney is not in place, my Agent is prohibited from making healthcare decisions on my behalf, as this authority is not granted under this power of attorney.

V. Revocation and Termination

I reserve the right to revoke or terminate this power of attorney at any time by providing written notice to my Agent. Additionally, this power of attorney shall automatically terminate upon my death.

In Witness Whereof, I, [Your Name], have executed this Power of Attorney on the date first above written.

Principal:

[YOUR NAME]

Agent:

[AGENT'S NAME]


WITNESS ACKNOWLEDGEMENT

We, the undersigned witnesses, do hereby affirm that on [Date], we witnessed the signing of this Power of Attorney by [Your Name].

[Witness 1 Name]

[Date]

[Witness 2 Name]

[Date]


NOTARY ACKNOWLEDGEMENT

State of [STATE].

On [DATE], before me, [NOTARY NAME], a Notary Public in and for the said state, personally appeared [YOUR NAME], known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

[Notary Public's Name]

My Commission Expires:            

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