South Dakota § 59-12-5 - Validity of power of attorney.
Full text of South Dakota South Dakota Codified Laws § 59-12-5 — Validity of power of attorney., with citation guidance and answers to common questions.
§ 59-12-5. Validity of power of attorney.
(1) A power of attorney executed in this state on or after July 1, 2020, is valid if its execution complies with § 59-12-4.
(2) A power of attorney executed in this state before July 1, 2020, is valid if its execution complied with the law of this state as it existed at the time of execution.
(3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(a) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 59-12-6; or
(b) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044(b).
(4) Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Source: SL 2020, ch 214, § 5.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 59-12-5
What does South Dakota Codified Laws § 59-12-5 cover?
Section 59-12-5 ("Validity of power 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 § 59-12-5?
A common citation format is "South Dakota Codified Laws § 59-12-5" (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 § 59-12-5 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.