South Dakota Power of Attorney
South Dakota power of attorney forms are similar to those of other states, they are easy to find and fill out. Legal Zoom is always open to provide you with legal forms and documents, including power of attorney forms. The person you grant powers to on these forms is called an attorney-in-fact. This person can be anyone you trust, it does not have to be a lawyer.
Any South Dakota estate planning attorney would probably want you to have your spouse listed as the attorney-in-fact on several of these powers of attorney. That's an excellent idea as long as you remember to void them if you ever get a divorce. These powers stay effective until you change them.
Powers of attorney are divided into two main types, the durable powers of attorney and the nondurable powers of attorney. The durable ones stay in effect even if you become mentally incapacitated while the nondurable ones are automatically void at that time. It is recommended that two of the durable powers of attorney be in your estate plan. These are a South Dakota durable medical power of attorney and a South Dakota durable financial power of attorney. These two documents would allow your attorney-in-fact to take care of all your needs should you ever become mentally unsound. It is possible to loose your mental capacities at any time, from an auto accident, an illness or old age.
You will probably have your spouse as the attorney-in-fact on your durable powers of attorney. This is not always the case, however, you may not have a spouse, and would choose another family member instead. If your attorney-in-fact cannot be located your power of attorney is void so it is recommended that an alternative be listed as well. It is possible for you to not want these powers to be effective immediately. A springing durable power of attorney takes care of this problem, it does not go into effect until a doctor declares you mentally incapable of making decisions.
Normal, or nondurable, powers of attorney are used for many day to day uses. You could leave your car with a neighbor to sell for you while you were on vacation. Just leave him the car and a motor vehicle power of attorney. The same could be done with property using a real estate power of attorney. You can even authorize your day care provider to get emergency medical attention for your child with a power of attorney for children. These special powers of attorney grant very limited power and are extremely useful tools.
Another type of nondurable power of attorney is a SD general power of attorney. This grants a wide range of powers allowing the attorney-in-fact to do many things for you. They could open your mail, pay bills, file taxes, transfer money from different accounts and most anything else. Be sure you completely trust the person you are granting this much power to.
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