South Dakota General Power of Attorney for Property

State:
Multi-State
Control #:
US-04099BG-2
Format:
Word; 
Rich Text
Instant download

Description

Agency is a relationship based on an agreement authorizing one person, the agent, to act for another, the principal. For example an agent may negotiate and make contracts with third persons on behalf of the principal. Actions of an agent can obligate the principal to third persons. Actions of an agent may also give a principal rights against third persons.
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How to fill out General Power Of Attorney For Property?

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FAQ

A. A Power of Attorney (POA) is an authorisation given by a property owner in writing to another person to carry out property-related transactions on their behalf.

Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

The rules and restrictions for PoA forms are different by state; however, in North Dakota, your Power of Attorney will need to be acknowledged by a notary public.

What is a power of attorney (POA)? A power of attorney is a legal document that allows someone else to act on your behalf. Powers of attorney can be helpful to older people and others who want to choose a trusted person to act when they cannot.

A durable power of attorney is a document that gives someone else, such as a trusted relative or friend, the authority to make certain decisions and act on your behalf.

A General Power of Attorney can only be used with regard to your property and financial affairs. It cannot be used to authorise someone to make decisions concerning your personal welfare (this is not the case with a Lasting Power of Attorney, Health & Welfare).

Do I Need to Have My Will Notarized? No, in South Dakota, you do not need to notarize your will to make it legal. However, South Dakota allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that.

If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.

You must also have your POA notarized for it to be valid under South Dakota law.

Things to Include In POA For PropertyGrantor Details- The name, age, address and occupation of the person who grants the power (Grantor) should be mentioned first.Attorney Details- The name, age, father's name, address and occupation of the person to whom the power is granted (Attorney) should be described next.More items...

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South Dakota General Power of Attorney for Property