How to Revoke Power of Attorney in South Dakota

Circumstances change. You might have named a spouse who is now an ex-spouse, or a child who turned out to be financially irresponsible. Whatever the reason, South Dakota allows you to revoke a power of attorney at any time, as long as you have the mental capacity to do so. But the revocation process has steps that, if skipped, leave your former agent with apparent authority to keep acting on your behalf.

The Statutory Revocation Form

South Dakota provides a statutory revocation form under SDCL 59-12-43. Using this form is not required — any written revocation is valid — but the statutory form carries automatic legal recognition that makes enforcement easier.

Under SDCL 59-12-9, a power of attorney terminates when the principal revokes it. However, the revocation is not effective against the agent or any third party who acts in good faith without actual knowledge that the authority has been revoked.

This is the critical gap: signing a revocation is only the first step. Without notification, your former agent and the institutions they deal with can legally continue relying on the old document.

Step-by-Step Revocation Process

1. Execute the written revocation. Sign a revocation document that identifies the original POA by date and agent name, and states that you revoke all authority granted. Have it notarized — while not strictly required for the revocation to be valid, notarization prevents disputes about authenticity.

2. Deliver written notice to the former agent. Hand-deliver or send by certified mail (return receipt requested) so you have proof of notification. Once the agent has actual knowledge of the revocation, they must stop acting immediately.

3. Notify all third parties. Send copies of the revocation to every bank, brokerage, title company, healthcare provider, and government agency that received a copy of the original POA. Until they receive the revocation, they are legally protected in relying on the former agent's authority.

4. Record the revocation. If the original POA was recorded with any county register of deeds (common for real estate-related POAs), record the revocation in the same county. The recording fee is typically $30 for documents up to 50 pages.

5. Destroy copies of the old POA where possible. Retrieve originals and copies from the former agent, banks, and any other holders.

Does a New POA Automatically Revoke the Old One?

Not necessarily. Executing a new POA does not automatically invalidate a prior one unless the new document explicitly states it revokes all previously executed powers of attorney. Without that explicit statement, both documents could be considered valid simultaneously, creating confusion for banks and other institutions.

Best practice: include revocation language in any new POA, and also execute a separate revocation of the old document with proper notification.

What If the Agent Won't Cooperate?

If a former agent refuses to stop acting or won't return original documents, the principal can petition the South Dakota Circuit Court for an order compelling the agent to cease activity and return all property. Under SDCL 59-12-15, the court can require the agent to provide an accounting of all transactions conducted under the POA.

In cases involving suspected financial exploitation, the principal or a concerned family member can file a report with the South Dakota Department of Social Services (DSS) Adult Protective Services. Financial exploitation of an elder or disabled adult carries criminal penalties.

When Revocation Happens Automatically

Under SDCL 59-12-9, a POA terminates automatically in several situations without requiring a formal revocation:

• The principal dies
• The principal becomes incapacitated (for non-durable POAs only)
• The agent dies, becomes incapacitated, or resigns — and no successor agent is named
• A court terminates the POA or the agent's authority
• The POA's stated expiration date or termination event occurs

For divorce situations: if your agent was your spouse and you subsequently divorce, South Dakota law revokes the agent's authority automatically upon the entry of the divorce decree — but only if the original POA was executed during the marriage.

The South Dakota Power of Attorney Kit includes the statutory revocation form and a notification checklist so every bank and institution gets proper notice.

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