South Dakota Codified Laws
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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 59 - Agency

Chapter 12 - Uniform Power Of Attorney Act

Section 59-12-1 - Definitions.

Section 59-12-2 - Applicability.

Section 59-12-3 - Durable power of attorney.

Section 59-12-4 - Execution of power of attorney.

Section 59-12-5 - Validity of power of attorney.

Section 59-12-6 - Meaning and effect of power of attorney.

Section 59-12-7 - Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary.

Section 59-12-8 - When power of attorney is effective.

Section 59-12-9 - Termination of power of attorney or agent's authority.

Section 59-12-10 - Coagents and successor agents.

Section 59-12-11 - Reimbursement and compensation of agent.

Section 59-12-12 - Agent's acceptance.

Section 59-12-13 - Agent's duties.

Section 59-12-14 - Exoneration of agent.

Section 59-12-15 - Judicial relief.

Section 59-12-16 - Agent's liability.

Section 59-12-17 - Agent's resignation--Notice.

Section 59-12-18 - Acceptance of and reliance upon acknowledged power of attorney.

Section 59-12-19 - Liability for refusal to accept acknowledged power of attorney.

Section 59-12-20 - Principles of law and equity.

Section 59-12-21 - Laws applicable to financial institutions and entities.

Section 59-12-22 - Remedies under other law.

Section 59-12-23 - Authority that requires specific grant--Grant of general authority.

Section 59-12-24 - Incorporation of authority.

Section 59-12-25 - Construction of authority generally.

Section 59-12-26 - Real property.

Section 59-12-27 - Tangible personal property.

Section 59-12-28 - Stocks and bonds.

Section 59-12-29 - Commodities and options.

Section 59-12-30 - Banks and other financial institutions.

Section 59-12-31 - Operation of entity or business.

Section 59-12-32 - Insurance and annuities.

Section 59-12-33 - Estates, trusts, and other beneficial interests.

Section 59-12-34 - Claims and litigation.

Section 59-12-35 - Personal and family maintenance.

Section 59-12-36 - Benefits from governmental programs or civil or military service.

Section 59-12-37 - Retirement plans.

Section 59-12-38 - Taxes.

Section 59-12-39 - Gifts.

Section 59-12-40 - Effect on existing powers of attorney.

Section 59-12-41 - Statutory form--Power of attorney.

Section 59-12-42 - Statutory form--Agent's certification.

Section 59-12-43 - Statutory form--Revocation.