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Does a Power of Attorney need to be notarized, witnessed, and/or recorded in South Dakota? The requirements and restrictions vary by state; however, in South Dakota, if you plan for the agent to handle matters related to children or real estate, then notarization will be required.
Under South Dakota law, a ?guardian? has authority over personal and healthcare decisions while a ?conservator? has authority over the protected person's property and financial affairs.
A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or ...
Under South Dakota law, the temporary guardianship or conservatorship of a minor child cannot be longer than 6 months, and the temporary guardianship or conservatorship of a protected person cannot be longer than 90 days, unless extended for an additional 90 days by court order.
An individual retains all rights not granted to the guardian/conservator through the appointment by the court. For example, the guardian/conservator does not have the right to change an individual's state of residence, marital status, parental rights, or power of attorney without the court's specific authorization.
A South Dakota Guardian of Minor Power of Attorney Form enables parents to empower an agent with the ability and authority to safeguard the well-being of their children when they are otherwise unavailable or unattainable.
A petition explaining the need for a guardianship or conservatorship must be filed. An evaluation report from a doctor, a licensed psychologist, or a psychiatrist must be completed and filed with the court. A financial statement showing the financial resources of the protected person must also be prepared and filed.