South Dakota Durable Power of Attorney Form

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The South Dakota Durable Power of Attorney Form lets the Agent retain their powers even after the Principal has been rendered comatose, diagnosed with dementia or otherwise declared incapable of making their own decisions. These agreements are usually Springing, IE they will only go into effect after the Principal has been declared incapacitated, as they are intended for a completely capable Principal who wants someone to manage their affairs if they are incapacitated.

Under South Dakota state law, this agreement will not be terminated automatically if the Principal and Agent are married and get a divorce. It is generally recommended therefore, that the Principal revoke the agreement if they get a divorce from their Agent, unless they wish for their former spouse to retain their powers.

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