Yes, a notary is required.
Any signature is acknowledged before a notary or other official authorized to take acknowledgments.
In the official wording
"Any signature under this section shall be acknowledged before a notary public or other individual authorized by law to take acknowledgments."
From Session Laws 2020, chapter 214 (SB 148), An Act to adopt the Uniform Power of Attorney Act (South Dakota Legislature), checked November 2026.
What else the signing needs
- Witnesses
- None under the execution rule we read. The execution section doesn't require witnesses.
"A power of attorney shall be signed by the principal"
- Agent's acknowledgment
- An agent accepts by acting or other conduct showing acceptance.
"a person accepts appointment as an agent under a power of attorney by exercising authority"
- Recording for real estate
- When a power of attorney is to be recorded with the register of deeds, the recording rules of 43-28-23 and 7-9-1 apply.
"apply to any power of attorney that is to be recorded with the register of deeds."
- Official form
- Statutory form power of attorney (SDCL 59-12-41). Section 59-12-41 sets out the statutory form. Open the official form
- Durable after incapacity
- South Dakota's version isn't durable unless the document says so.
"if the power of attorney is not durable"
Next step
Sign by video with our New Jersey notary while you're in South Dakota, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10).
If the agent will use it for real estate, ask the title company or the county recorder before you sign.
Book an online notarization Request a mobile notary in South Dakota
In person, we look for a notary commissioned in South Dakota near you; you approve the price first.
If a local notary in South Dakota does it: A fee per instrument is allowed; the statute states no dollar maximum (SDCL 18-1-9), under the state's fee rules (South Dakota notary fees).
Official sources
- Session Laws 2020, chapter 214 (SB 148), An Act to adopt the Uniform Power of Attorney Act (South Dakota Legislature) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is notarization required for a power of attorney in South Dakota?
Yes, a notary is required. Any signature is acknowledged before a notary or other official authorized to take acknowledgments.
Are witnesses needed for a South Dakota power of attorney?
None under the execution rule we read. The execution section doesn't require witnesses.
Does the agent sign anything in South Dakota?
An agent accepts by acting or other conduct showing acceptance.
Does a South Dakota power of attorney have to be recorded for a house sale?
When a power of attorney is to be recorded with the register of deeds, the recording rules of 43-28-23 and 7-9-1 apply.
What does a notary charge in South Dakota?
A fee per instrument is allowed; the statute states no dollar maximum (SDCL 18-1-9), under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
A power of attorney in another state: South Carolina · Texas · every state