reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-10 - Coagents and successor agents.

59-12-10. Coagents and successor agents.
(1)A principal may designate two or more persons to act as co-agents. If two or more persons are appointed as co-agents, and unless the power of attorney otherwise provides, the concurrence of a majority is required on all acts connected with the power of attorney. This restriction does not apply when any co-agent receives and receipts for property due the principal, when the concurrence of a majority cannot readily be obtained in the time reasonably available for emergency action necessary to act in the principal’s best interest, or when a co-agent has been delegated to act for others as provided in §59-12-23. Persons dealing with a co-agent if actually unaware that another has been appointed to serve or if advised by the agent with whom they deal that the agent has authority to act alone for any of the reasons mentioned herein, are fully protected as if the person with whom they dealt has been the sole agent.
(2)A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(a)Has the same authority granted to the original agent; and
(b)May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(3)Except as otherwise provided in the power of attorney and subdivision (4), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(4)An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subdivision is liable for any reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken any action under this section.
Source:
SL 2020, ch 214, § 10.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-11 - Reimbursement and compensation of agent.

59-12-11. Reimbursement and compensation of agent.
An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal. An agent is entitled to reasonable compensation for services rendered on behalf of the principal unless the power of attorney otherwise provides. Any compensation shall be reasonable under the circumstances.
Source:
SL 2020, ch 214, § 11.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-12 - Agent's acceptance.

59-12-12. Agent's acceptance.
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
Source:
SL 2020, ch 214, § 12.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-14 - Exoneration of agent.

59-12-14. Exoneration of agent.
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1)Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2)Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
Source:
SL 2020, ch 214, § 14.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-15 - Judicial relief.

59-12-15. Judicial relief.
(1)In addition to any petition under chapter 21-65, the following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
(a)The principal or the agent;
(b)A guardian, conservator, or other fiduciary acting for the principal;
(c)A person authorized to make health care decisions for the principal;
(d)The principal's spouse, parent, or descendant;
(e)An individual who would qualify as a presumptive heir of the principal;
(f)A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(g)A governmental agency having regulatory authority to protect the welfare of the principal;
(h)The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(i)A person asked to accept the power of attorney.
(2)Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
Source:
SL 2020, ch 214, § 15.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-23 - Authority that requires specific grant--Grant of general authority.

59-12-23. Authority that requires specific grant--Grant of general authority.
(1)An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(a)Create, amend, revoke, or terminate an inter vivos trust;
(b)Make a gift;
(c)Create or change rights of survivorship;
(d)Create or change a beneficiary designation;
(e)Delegate authority granted under the power of attorney;
(f)Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
(g)Exercise fiduciary powers that the principal has authority to delegate;
(h)Exercise authority over the content of electronic communications, as defined in 18 U.S.C. § 2510(12) and as provided under chapter 55-19, which are sent or received by the principal; or
(i)Disclaim property, including a power of appointment.
(2)Notwithstanding a grant of authority to do an act described in subdivision (1), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
(3)Subject to subdivisions (1), (2), (4), and (5) of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in §§59-12-26 through 59-12-38.
(4)Unless otherwise provided by the power of attorney, a grant of authority to make a gift is subject to §59-12-39.
(5)Subject to subdivisions (1), (2), and (4) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(6)Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(7)An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
(8)Notwithstanding the provisions of subdivision (1), an agent may amend, terminate, or revoke an inter vivos revocable trust only when the settlor is incapacitated or not reasonably available and to the extent expressly authorized by the power of attorney and by the terms of the governing trust instrument.
Source:
SL 2020, ch 214, § 23.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-34 - Claims and litigation.

59-12-34. Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1)Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2)Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3)Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4)Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5)Submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6)Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7)Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8)Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9)Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
Source:
SL 2020, ch 214, § 34.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-35 - Personal and family maintenance.

59-12-35. Personal and family maintenance.
(1)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
(a)Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
(i)The principal's minor children;
(ii)Other individuals legally entitled to be supported by the principal; and
(iii)The individuals whom the principal has customarily supported or indicated the intent to support;
(b)Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(c)Provide living quarters for the individuals described in subsection (1)(a) by:
(i)Purchase, lease, or other contract; or
(ii)Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
(d)Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subsection (1)(a);
(e)Pay expenses for necessary health care and custodial care on behalf of the individuals described in subsection (1)(a);
(f)Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, sections 1171 to 1179, inclusive, of the Social Security Act, 42 U.S. C. § 1320(d), and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;
(g)Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subsection (1)(a);
(h)Maintain credit and debit accounts for the convenience of the individuals described in subsection (1)(a) and open new accounts; and
(i)Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(2)Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.
Source:
SL 2020, ch 214, § 35.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-36 - Benefits from governmental programs or civil or military service.

59-12-36. Benefits from governmental programs or civil or military service.
(1)For purposes of this section, the terms, benefits from governmental programs, or civil or military service, mean any benefit, program, or assistance provided under a statute or regulation including but not limited to, Social Security, Medicare, and Medicaid.
(2)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(a)Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or political subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in subsection 59-12-35(1)(a), and for shipment of their household effects;
(b)Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(c)Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
(d)Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(e)Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(f)Receive the financial proceeds of a claim described in paragraph (d) and conserve, invest, disburse, or use for a lawful purpose anything so received.
Source:
SL 2020, ch 214, § 36.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-37 - Retirement plans.

59-12-37. Retirement plans.
(1)For purposes of this section, the term, retirement plan, means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:
(a)An individual retirement account under 26 U.S.C. § 408;
(b)A Roth individual retirement account under 26 U.S.C. § 408A;
(c)A deemed individual retirement account under 26 U.S.C. § 408(q);
(d)An annuity or mutual fund custodial account under 26 U.S. C. § 403(b);
(e)A pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. § 401(a);
(f)A plan under 26 U.S.C. § 457(b); and
(g)A nonqualified deferred compensation plan under 26 U.S.C. § 409A.
(2)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(a)Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(b)Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(c)Establish a retirement plan in the principal's name;
(d)Make contributions to a retirement plan;
(e)Exercise investment powers available under a retirement plan; and
(f)Borrow from, sell assets to, or purchase assets from a retirement plan.
Source:
SL 2020, ch 214, § 37.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-38 - Taxes.

59-12-38. Taxes.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
(1)Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under 26 U.S.C. § 2032A, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;
(2)Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3)Exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4)Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
Source:
SL 2020, ch 214, § 38.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-39 - Gifts.

59-12-39. Gifts.
(1)For purposes of this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act (1983/1986), and a tuition savings account or prepaid tuition plan as defined under 26 U.S.C. § 529.
(2)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:
(a)Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under 26 U.S.C. § 2503(b), without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to 26 U.S.C. § 2513, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(b)Consent, pursuant to 26 U.S. C. § 2513, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(3)An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including but not limited to:
(a)The value and nature of the principal's property;
(b)The principal's foreseeable obligations and need for maintenance;
(c)Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;
(d)Eligibility for a benefit, a program, or assistance under a statute or regulation; and
(e)The principal's personal history of making or joining in making gifts.
Source:
SL 2020, ch 214, § 39.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-40 - Effect on existing powers of attorney.

59-12-40. Effect on existing powers of attorney.
Except as otherwise provided in this chapter:
(1)This chapter applies to a power of attorney created on, or after July 1, 2020;
(2)This chapter applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2020;
(3)This chapter applies to a judicial proceeding concerning a power of attorney commenced before July 1, 2020, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4)An act done before July 1, 2020 is not affected by this chapter.
Source:
SL 2020, ch 214, § 40.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-42 - Statutory form--Agent's certification.

59-12-42. Statutory form--Agent's certification.
The following optional form may be used by an agent to certify facts concerning a power of attorney. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of deeds.
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY
State of ______________________)
)SS. AFFIDAVIT
County of_____________________)
I, _____________________________________________ (Name of Agent), certify under penalty of perjury that _____________________________________(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated _____________________, 2____.
I further certify that to my knowledge:
(1)The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;
(2)If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3)If I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4)_____________________________________________________________________________________________________________________________________________________________________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
___________________________________________________________, 2____
Agent's Signature Date
____________________________________________
Agent's Name Printed
Agent's Address____________________________________________
Agent's Telephone Number____________________________________________
State of ____________________________ )
)SS.
County of___________________________)
This Agent's Certification as to the Validity of Power of Attorney and Agent's Authority document was acknowledged before me on _____________________, 2_____ by ___________________________________. (Date) (Name of Agent)
____________________________________________(Seal)
Signature of Notary Public
My commission expires:
Source:
SL 2020, ch 214, § 42.