South Dakota § 59-12-40 - Effect on existing powers of attorney.
Full text of South Dakota South Dakota Codified Laws § 59-12-40 — Effect on existing powers of attorney., with citation guidance and answers to common questions.
§ 59-12-40. Effect on existing powers of attorney.
Except as otherwise provided in this chapter:
(1) This chapter applies to a power of attorney created on, or after July 1, 2020;
(2) This chapter applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2020;
(3) This chapter applies to a judicial proceeding concerning a power of attorney commenced before July 1, 2020, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4) An act done before July 1, 2020 is not affected by this chapter.
Source: SL 2020, ch 214, § 40.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 59-12-40
What does South Dakota Codified Laws § 59-12-40 cover?
Section 59-12-40 ("Effect on existing powers of attorney.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 59-12-40?
A common citation format is "South Dakota Codified Laws § 59-12-40" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 59-12-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.