South Dakota durable power of attorney law is stated in South Dakota Codified Laws, Title 59, Chapter 59-7. A durable power of attorney is a type of power of attorney that will not be revoked if a principal is subsequently disabled or incapacitated. According to South Dakota laws a power of attorney is considered durable when it clearly shows in writing that it will not be revoked on a subsequent incompetence or disability of the principal. The agent’s acts on behalf of the principal when the principal is incapacitated will have the same effect as if the principal was not incapacitated and will bind the principal and the successors in interest. Unless expressly limited by a specific term, a durable power of attorney stays effective even after lapse of time.
Generally, a durable power of attorney is revoked on express terms of termination or by knowledge of principal’s death. However, the principal’s death does not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s death, and the agent’s actions will bind the successors in interest. Likewise, in case of a non durable power of attorney the principal’s incapacity will not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s incapacity and the agent’s actions will bind the successors in interest. In such situations, the agent is required to produce an affidavit stating that the agent did not have actual knowledge of the principal’s death or revocation of the power of attorney.
A durable power of attorney should be recorded with the register of deed, and its revocation should also be recorded at the same register of deeds.