--- title: "South Dakota Power of Attorney Signing Requirements | MCC" description: "South Dakota power of attorney: A notary is required; no witnesses under the execution rule. From the state's own pages." url: "https://mcc-solutionsnj.com/notary/power-of-attorney-requirements-south-dakota" --- Power of attorney · South Dakota # South Dakota power of attorney signing requirements How a power of attorney is signed under this state's law: the notary, the witnesses, what the agent signs, recording for real estate and the healthcare document. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) **Short answer.** A notary is required; no witnesses under the execution rule. ## At a glance Uniform act SB 148 (2020) adopted the Uniform Power of Attorney Act as chapter 59-12, for powers created on or after July 1, 2020. Notary Any signature is acknowledged before a notary or other official authorized to take acknowledgments. Witnesses The execution section doesn't require witnesses. Agent's acknowledgment An agent accepts by acting or other conduct showing acceptance. Official form Statutory form power of attorney (SDCL 59-12-41). Section 59-12-41 sets out the statutory form. [Open it](https://mylrc.sdlegislature.gov/api/Documents/SessionLaw/70792.pdf?Year=2020) 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. Durable South Dakota's version isn't durable unless the document says so. Healthcare document 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. ## In the official wording **Notary** "Any signature under this section shall be acknowledged before a notary public or other individual authorized by law to take acknowledgments." **Witnesses** "A power of attorney shall be signed by the principal" **Agent** "a person accepts appointment as an agent under a power of attorney by exercising authority" **Recording** "apply to any power of attorney that is to be recorded with the register of deeds." **Durability** "if the power of attorney is not durable" **Healthcare** "The signature shall be witnessed by two other adult individuals or by a notary public." ## 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) ## Signing-day steps - **Statutory form:** recommended or optional - **Notary:** required - **Witnesses:** not required - **Agent's acknowledgment:** not required - **Recording for real estate:** recommended or optional - **Durable after incapacity:** required Full checklist with the reasons: [financial](/notary/power-of-attorney-signing-checklist?state=sd&type=financial) · [healthcare](/notary/power-of-attorney-signing-checklist?state=sd&type=healthcare). Signing in New Jersey? MCC Solutions provides [mobile notarization](/notary/mobile-notary), [hospital notarization](/notary/hospital-notary) and [remote online notarization](/notary/remote-online-notarization) for New Jersey signers. Elsewhere, a local notary can help. ## 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) General information, not legal advice; we are not lawyers. Have a lawyer prepare or review the power of attorney itself. ## Common questions **Does a power of attorney have to be notarized in South Dakota?** Yes. Any signature is acknowledged before a notary or other official authorized to take acknowledgments. **How many witnesses does a South Dakota power of attorney need?** None under the execution rule we read. The execution section doesn't require witnesses. **Does the agent have to sign anything in South Dakota?** Not before acting. An agent accepts by acting or other conduct showing acceptance. **Must a South Dakota power of attorney be recorded to sell or mortgage 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. **Is a South Dakota power of attorney durable?** Only if it says so. South Dakota's version isn't durable unless the document says so. **How is a healthcare power of attorney signed in South Dakota?** 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. All states: [power of attorney requirements by state](/notary/power-of-attorney-requirements-by-state) · [South Carolina](/notary/power-of-attorney-requirements-south-carolina) · [Texas](/notary/power-of-attorney-requirements-texas) · [Signing a healthcare proxy or medical power of attorney](/notary/guides/healthcare-proxy-and-medical-poa-signing) Do it yourself ### South Dakota Power of Attorney Signing Kit Get your South Dakota power of attorney signed the way the state's own law describes. Any signature is acknowledged before a notary or other official authorized to take acknowledgments. [See what's inside ($19)](/toolkits/south-dakota-power-of-attorney-signing-kit) [Free sample](/toolkits/south-dakota-power-of-attorney-signing-kit#free-starter)14-day full refund ## Signing a power of attorney in New Jersey? [Book a mobile notary](/notary/mobile-notary)[Call (908) 444-6373](tel:+19084446373)