reglab/housing_qa huggingface dataset:
SD Codified L § 59-12-16 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-16 - Agent's liability.

59-12-16. Agent's liability.An agent that violates the provisions of this chapter is liable to the principal or the principal's successors in interest for the amount required to:(1)Restore the value of the principal's property to its value had the violation not occurred; and(2)Reimburse the principal or the principal's successors in interest for any attorney's fees and costs paid on the agent's behalf. Source: SL 2020, ch 214, § 16.
SD Codified L § 59-12-17 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-17 - Agent's resignation--Notice.

59-12-17. Agent's resignation--Notice.Unless otherwise provided in the power of attorney, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to the guardian, if any, and any co-agent or successor agent, or to:(1)The principal's caregiver; or(2)If there is no principal caregiver, to:(a)Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or(b)A governmental agency having authority to protect the welfare of the principal. Source: SL 2020, ch 214, § 17.
SD Codified L § 59-12-18 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-18 - Acceptance of and reliance upon acknowledged power of attorney.

59-12-18. Acceptance of and reliance upon acknowledged power of attorney.(1)For purposes of this section and §52-12-19, the term, South Dakota compliant, means a power of attorney signed by the principal and substantially in the form provided in §59-12-41 and acknowledged before a notary public or other individual authorized to take acknowledgements.(2)A person that in good faith accepts a South Dakota compliant power of attorney without actual knowledge that the signature is not genuine may rely upon the power attorney as being valid.(3)A person that in good faith accepts a South Dakota compliant power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated; that the purported agent's authority is void, invalid, or terminated; or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect; the agent's authority were genuine, valid, and still in effect; and the agent had not exceeded and had properly exercised the authority.(4)A person that is asked to accept a South Dakota compliant power of attorney may request, and rely upon, without further investigation:(a)An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;(b)An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and(c)An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.(5)An English translation or an opinion of counsel requested under this section shall be provided at the principal's expense unless the request is made more than ten business days after the power of attorney is presented for acceptance.(6)For purposes of this section and §59-12-19, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact. Source: SL 2020, ch 214, § 18.
SD Codified L § 59-12-19 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-19 - Liability for refusal to accept acknowledged power of attorney.

59-12-19. Liability for refusal to accept acknowledged power of attorney.(1)A person shall accept a South Dakota compliant power of attorney or request a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) no later than ten business days after presentation of the power of attorney for acceptance. If a person requests a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4), the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.(2)A person is not required to accept a South Dakota compliant power of attorney if:(a)The person is not otherwise required to engage in a transaction with the principal in the same circumstances;(b)Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law;(c)The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;(d)A request for a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) is refused;(e)The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) has been requested or provided; or(f)The person makes, or has actual knowledge that another person has made, a report to the South Dakota Department of Social Services, South Dakota Department of Human Services, or law enforcement stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.(3)A person that refuses in violation of this section to accept a South Dakota compliant power of attorney is subject to:(a)A court order mandating acceptance of the power of attorney; and(b)Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney. Source: SL 2020, ch 214, § 19.
SD Codified L § 59-12-20 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-20 - Principles of law and equity.

59-12-20. Principles of law and equity.Unless otherwise required under this chapter, the principles of law and equity apply to the provisions of this chapter. Source: SL 2020, ch 214, § 20.
SD Codified L § 59-12-21 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-21 - Laws applicable to financial institutions and entities.

59-12-21. Laws applicable to financial institutions and entities.Nothing in this chapter may be interpreted to amend or supersede any other law applicable to financial institutions or other entities. Source: SL 2020, ch 214, § 21.
SD Codified L § 59-12-22 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-22 - Remedies under other law.

59-12-22. Remedies under other law.The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the laws of this state. Source: SL 2020, ch 214, § 22.
SD Codified L § 59-12-24 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-24 - Incorporation of authority.

59-12-24. Incorporation of authority.(1)An agent has authority described in this chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in §§59-12-26 through 59-12-39 or cites the section in which the authority is described.(2)A reference in a power of attorney to general authority with respect to the descriptive term for a subject in §§59-12-26 through 59-12-39 or a citation to §§59-12-26 through 59-12-39 incorporates the entire section as if it were set out in full in the power of attorney.(3)A principal may modify authority incorporated by reference. Source: SL 2020, ch 214, § 24.
SD Codified L § 59-12-25 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-25 - Construction of authority generally.

59-12-25. Construction of authority generally.Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in §§59-12-26 through 59-12-39 or that grants to an agent authority to do all acts that a principal could do pursuant to subdivision 59-12-23(3), a principal authorizes the agent, regarding that subject, to:(1)Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;(2)Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;(3)Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;(4)Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;(5)Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;(6)Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;(7)Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;(8)Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;(9)Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and(10)Do any lawful act with respect to the subject and all property related to the subject. Source: SL 2020, ch 214, § 25.
SD Codified L § 59-12-26 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-26 - Real property.

59-12-26. Real property.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:(1)Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;(2)Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;(3)Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;(4)Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;(5)Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:(a)Insuring against liability or casualty or other loss;(b)Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;(c)Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and(d)Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;(6)Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;(7)Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:(a)Selling or otherwise disposing of them;(b)Exercising or selling an option, right of conversion, or similar right with respect to them; and(c)Exercising any voting rights in person or by proxy;(8)Change the form of title of an interest in or right incident to real property; and(9)Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest. Source: SL 2020, ch 214, § 26.
SD Codified L § 59-12-27 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-27 - Tangible personal property.

59-12-27. Tangible personal property.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:(1)Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;(2)Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property;(3)Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;(4)Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;(5)Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:(a)Insuring against liability, casualty, or other loss;(b)Obtaining or regaining possession of or protecting the property or interest by litigation or otherwise;(c)Paying, assessing, compromising, or contesting taxes or assessments, or applying for and receiving refunds in connection with taxes or assessments;(d)Relocating the property;(e)Storing the property for hire or on a gratuitous bailment; and(f)Using and making repairs, alterations, or improvements to the property; and(6)Change the form of title of an interest in tangible personal property. Source: SL 2020, ch 214, § 27.
SD Codified L § 59-12-28 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-28 - Stocks and bonds.

59-12-28. Stocks and bonds.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:(1)Buy, sell, and exchange stocks and bonds;(2)Establish, continue, modify, or terminate an account with respect to stocks and bonds;(3)Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;(4)Receive certificates and other evidences of ownership with respect to stocks and bonds; and(5)Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. Source: SL 2020, ch 214, § 28.
SD Codified L § 59-12-29 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-29 - Commodities and options.

59-12-29. Commodities and options.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:(1)Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and(2)Establish, continue, modify, and terminate option accounts. Source: SL 2020, ch 214, § 29.
SD Codified L § 59-12-30 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-30 - Banks and other financial institutions.

59-12-30. Banks and other financial institutions.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:(1)Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;(2)Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;(3)Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;(4)Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;(5)Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;(6)Enter a safe deposit box or vault and withdraw or add to the contents;(7)Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;(8)Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;(9)Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;(10)Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and(11)Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution. Source: SL 2020, ch 214, § 30.
SD Codified L § 59-12-32 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-32 - Insurance and annuities.

59-12-32. Insurance and annuities.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:(1)Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;(2)Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;(3)Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;(4)Apply for and receive a loan secured by a contract of insurance or annuity;(5)Surrender and receive the cash surrender value on a contract of insurance or annuity;(6)Exercise an election;(7)Exercise investment powers available under a contract of insurance or annuity;(8)Change the manner of paying premiums on a contract of insurance or annuity;(9)Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;(10)Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;(11)Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;(12)Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and(13)Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment. Source: SL 2020, ch 214, § 32.
SD Codified L § 59-12-33 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-33 - Estates, trusts, and other beneficial interests.

59-12-33. Estates, trusts, and other beneficial interests.(1)For purposes of this section, the terms, estate, trust, or other beneficial interest, mean a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.(2)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:(a)Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;(b)Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;(c)Exercise for the benefit of the principal a presently exercisable general or limited power of appointment held by the principal;(d)Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;(e)Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;(f)Conserve, invest, disburse, or use anything received for an authorized purpose;(g)Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a trust; and(h)Act as a representative pursuant to subdivision 55-18-9(8), except as otherwise provided in subdivision 59-12-23(8). Source: SL 2020, ch 214, § 33.