--- title: "Does a Power of Attorney Need a Notary in South Dakota?" description: "South Dakota power of attorney: yes, a notary is required, per the official page. What else the signing needs, and the next step." url: "https://mcc-solutionsnj.com/notary/does-it-need-a-notary/power-of-attorney-south-dakota" --- Does it need a notary? · South Dakota # Does a power of attorney need to be notarized in South Dakota? The answer from the state's own pages, what else a power of attorney needs to be signed properly here, and how to get it done. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) 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 the official pages listed below, 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](https://mylrc.sdlegislature.gov/api/Documents/SessionLaw/70792.pdf?Year=2020) 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](https://pub.njleg.gov/bills/2020/PL21/179_.HTM)). Need this notarized? [Get it notarized online by a New Jersey notary over video](/notary/remote-online-notarization). If the agent will use it for real estate, ask the title company or the county recorder before you sign. [Notarize it online ($50 per session)](/notary/#order) [Request a mobile notary in South Dakota](/notary/mobile-notary-outside-new-jersey?state=South%20Dakota#request) Booking sends a request; we confirm the time and the price before you pay. 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](/notary/fees-by-state/south-dakota)). ## Get it notarized online today Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment. **What you need** - A valid government photo ID - A computer or phone with a camera - The unsigned document [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## And a health care power of attorney? **A notary or witnesses.** Signed by the principal, or by someone else in the principal's conscious presence at the principal's direction, and witnessed by two other adults or by a notary. "The signature shall be witnessed by two other adult individuals or by a notary public." Two adult witnesses if you don't use a notary. From [SDCL 59-7-2.1, Principal, designation, health care (South Dakota Legislature)](https://sdlegislature.gov/api/Statutes/2077443.html). A health care document follows its own signing rule, separate from the financial one. ## Official sources - [Session Laws 2020, chapter 214 (SB 148), An Act to adopt the Uniform Power of Attorney Act (South Dakota Legislature)](https://mylrc.sdlegislature.gov/api/Documents/SessionLaw/70792.pdf?Year=2020) (checked November 2026) - [SDCL 59-7-2.1, Principal, designation, health care (South Dakota Legislature)](https://sdlegislature.gov/api/Statutes/2077443.html) (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. **Does a medical power of attorney need a notary in South Dakota?** A notary or witnesses. Signed by the principal, or by someone else in the principal's conscious presence at the principal's direction, and witnessed by two other adults or by a notary. **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 - [South Dakota power of attorney signing requirements](/notary/power-of-attorney-requirements-south-dakota) - [Signing checklist](/notary/power-of-attorney-signing-checklist?state=sd&type=financial) - [Power of attorney rules in every state](/notary/power-of-attorney-requirements-by-state) - [A will in South Dakota](/notary/does-it-need-a-notary/will-south-dakota) - [A small estate affidavit in South Dakota](/notary/does-it-need-a-notary/small-estate-affidavit-south-dakota) A power of attorney in another state: [South Carolina](/notary/does-it-need-a-notary/power-of-attorney-south-carolina) · [Texas](/notary/does-it-need-a-notary/power-of-attorney-texas) · [every state](/notary/does-it-need-a-notary?doc=power-of-attorney) ## Ready to sign? Book a video session. [Book an online notarization](/notary/#order)[Call (908) 444-6373](tel:+19084446373)