South Dakota POA Notary and Witness Requirements Explained

Getting the signing ceremony wrong is the fastest way to invalidate a power of attorney that's otherwise perfectly drafted. South Dakota has a split system — financial and healthcare POAs follow different execution rules — and mixing them up creates documents that banks and hospitals will reject.

Financial Power of Attorney: Notary Only

Under SDCL 59-12-4, a financial power of attorney requires the principal's signature acknowledged before a notary public. That's the only formality. No witnesses are needed.

The notary performs an "acknowledgment" — they verify the signer's identity, confirm they're signing voluntarily, and affix their seal. This is not the same as a "jurat" (where the notary administers an oath). The distinction matters because some notaries default to the wrong notarial act, and a financial POA notarized with a jurat instead of an acknowledgment may face challenges.

If the principal cannot physically sign, another person may sign at the principal's direction and in the principal's conscious presence. The notary must still acknowledge this substitute signature.

Healthcare Power of Attorney: Two Options

Under SDCL 59-7-2.1, a healthcare POA requires either:

• Two adult witnesses who sign the document, OR
• Notarial acknowledgment

You need one or the other — not both (though having both doesn't hurt). When using witnesses, certain people are generally disqualified:

• The designated healthcare agent
• Healthcare providers currently involved in the principal's care
• Employees of the healthcare facility where the principal is a patient

These restrictions exist to prevent undue influence and conflicts of interest.

The Agent's Certification Form

Under SDCL 59-12-42, South Dakota provides a statutory Agent's Certification form. This is not part of the POA execution itself — it's a separate tool the agent uses later when presenting the POA to banks or other institutions.

The certification allows the agent to swear under oath that the POA is still in effect, has not been revoked, and that the agent is acting within the scope of granted authority. It serves as a powerful response when an institution questions the document's validity.

Under SDCL 59-12-18, a bank that receives a proper certification along with the POA must accept it or request additional documentation within ten business days. The certification form effectively shifts the burden — the institution must now identify a specific legal reason to refuse, or face liability for attorney's fees.

Where to Get Notarized

South Dakota notaries are available at:

• Banks and credit unions (often free for account holders)
• UPS Store locations
• Law offices
• County courthouses
• Some pharmacies and shipping centers

South Dakota has also authorized remote online notarization (RON), which allows a principal to be notarized via a secure video connection. This is especially useful for rural residents who may be far from a notary, or for individuals who are hospitalized or homebound.

Common Execution Mistakes

Using witnesses for a financial POA. Witnesses alone are not sufficient for a financial POA under SDCL 59-12-4. Even if two witnesses sign, the document is invalid without notarization.

Having the agent witness a healthcare POA. The designated healthcare agent should not serve as one of the two witnesses.

Notarizing after the fact. The notary must be present when the principal signs (or when the substitute signer signs at the principal's direction). A notary cannot acknowledge a signature they didn't witness being made.

Missing the notary seal. A South Dakota notary's acknowledgment must include their official seal or stamp, their commission expiration date, and their signature.

The South Dakota Power of Attorney Kit includes both financial and healthcare documents with pre-formatted notary blocks and witness lines that match South Dakota's exact requirements, plus the Agent's Certification form under SDCL 59-12-42.

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