Legal Question in Wills and Trusts in South Dakota

Power of Attorney & Will

Where can you get a free Power of Attorney and will form for the state of South Dakota? When these are filled out, do they need to be filled with an attorney or can you have a notary of the public witness and sign and you keep until you need it? Or is there some place you have to file it?


Asked on 6/23/09, 12:21 pm

1 Answer from Attorneys

Monte Schatz Attorney at law

Re: Power of Attorney & Will

You can find free power of attorney forms on line. However, I would strongly discourage their use. A pwoer of attorney grants considerable financial power to the individual(s) you are granting that power and you should have an attorney review the extent of the powers you wish to grant.

Here is a link on South Dakota power of attorneys you may wish to review before proceeding with using a form:

http://agbiopubs.sdstate.edu/text.cfm?Item=FS928e-9&id=1237

There is no specific place for filing a power of attorney.

I would consult a lawyer before moving forward with using your own form. Power of Attorneys are subject to fraud and misuse if not carefully thought through before signing.

Good luck.

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Answered on 6/23/09, 12:44 pm


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