South Dakota Medical and Financial Power of Attorney (POA) Forms

Helpful Highlights

• It is strongly encouraged that you read the following Helpful content Guides before selecting a POA form:

  • Power Education on Power of Attorney

  • Different Types of Power of Attorney

  • How to Create a Power of Attorney

• Below is a limited list of Medical and Financial POA forms available in South Dakota.

  • There are many other types of POAs, such as real estate, tax, vehicle, and forms that revoke a POA.

• All forms included here are free.

Key to the links below

• The PDF link will take you to a download and/or print-only document that can be completed by hand (must be in black ink).

• The FILL PDF link will take you to a fillable document that you can edit electronically before printing (blue fields in which to type).

• The ODT link will download a Microsoft Word document that you can edit manually before printing (no blue fields and text will move with typing).

Note that not all forms have all the above document types available. Those that are available are included.

SOUTH DAKOTA

• Advance Directive PLUS Medical Power of Attorney. This advance directive combines medical power of attorney and a living will that allows your loved one to define his or her end-of-life preferences, as well as choose who can make medical decisions on their behalf and select end-of-life treatment options. The person selected ensures that your loved one’s healthcare preferences are carried out when they are unconscious, incapacitated, or mentally incompetent. The form also gives instructions to medical staff on how your loved one wishes to be treated in the event of permanent incapacitation and allows for post-death decisions such as autopsy requests, organ donations, and the final disposition of the body. Requires two witnesses OR a notary public.

  • FILL PDF - AARP

  • FILL PDF - South Dakota State Bar

• Medical Power of Attorney ONLY. Also known as a Healthcare POA or healthcare proxy, this document gives your loved one the ability to appoint someone to make medical care decisions if they are unconscious, incapacitated, or mentally incompetent. The appointed person will be able to access medical records, speak to healthcare professionals, and make healthcare judgments and medical decisions based on your loved one’s treatment (or non-treatment) preferences. A Medical POA is a crucial component of advance care planning, allowing your loved one to ensure that their healthcare preferences are honored. It is important that the person selected be willing to advocate – even against opposition from others – for your loved one’s healthcare wishes. Requires two witnesses OR a notary public.

  • FILL PDF

  • ODT

• Living Will or Advance Directive ONLY. A legal document that allows your loved one to specify their preferences for medical treatment, especially in situations where they may be unable to communicate or make decisions. It typically includes instructions about life-sustaining treatments, resuscitation, and organ donation. Advance directives provide guidance to healthcare providers and loved ones, ensuring that the individual's wishes for medical care are honored. Requires two (2) witnesses AND a notary public.

  • FILL PDF

• Durable (Statutory) Power of Attorney. Grants someone else the authority to act on your loved one’s behalf in financial and legal matters. The term "durable" means that the POA remains valid even if your loved one becomes incapacitated or mentally incompetent. A Durable POA ensures that someone can manage your loved one’s affairs in such circumstances. It's important to carefully consider and clearly articulate the powers granted and to select someone capable of handling the specified responsibilities. Requires a notary public.

  • FILL PDF

  • ODT

• General (Financial) Power of Attorney. Grants someone else the authority to make financial decisions and manage financial affairs on behalf of your loved one. This document is typically used for a broad range of financial matters, and the powers granted can be extensive. Typically, this document is non-durable, meaning that the powers granted terminate if your loved one becomes incapacitated or mentally incompetent. (For powers to remain intact in these circumstances, a durability clause must be included or a Durable POA as above should be used instead.) It's essential to carefully consider and clearly articulate the powers being granted and to select someone trustworthy to handle financial affairs. The document provides flexibility for a broad range of financial matters, making it a powerful tool. Requires a notary public.

  • FILL PDF

  • ODT

• Limited Power of Attorney. Grants someone else specific and restricted authority to act on behalf of your loved one; to perform a specific task or act for a specific time period. Unlike a General POA, a limited power of attorney narrows the scope of authority, therefore it is important that the task and/or timeframe is carefully and clearly defined so as not to be interpreted more broadly or misunderstood. Limited powers of attorney are useful when your loved one needs assistance with specific tasks but does not want to grant broad authority. Requires a notary public.

  • FILL PDF

  • ODT