{"data":{"id":"us-sd/sdcl-59-12-19","jurisdiction":"us-sd","citation":"SDCL § 59-12-19","heading":"Liability for refusal to accept acknowledged power of attorney.","body":"(1) A person shall accept a South Dakota compliant power of attorney or request a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) no later than ten business days after presentation of the power of attorney for acceptance. If a person requests a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4), the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.\n(2) A person is not required to accept a South Dakota compliant power of attorney if:\n(a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;\n(b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law;\n(c) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;\n(d) A request for a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) is refused;\n(e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) has been requested or provided; or\n(f) The person makes, or has actual knowledge that another person has made, a report to the South Dakota Department of Social Services, South Dakota Department of Human Services, or law enforcement stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.\n(3) A person that refuses in violation of this section to accept a South Dakota compliant power of attorney is subject to:\n(a) A court order mandating acceptance of the power of attorney; and\n(b) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.","path":["TITLE 59. AGENCY","CHAPTER 59-12. UNIFORM POWER OF ATTORNEY ACT"],"source_url":"https://sdlegislature.gov/Statutes/59-12-19","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"efa19747eb268e74f826fa464050ddeaa00e7d291a5f36f411e78cf8337a51f8","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-59-12-18","next":"us-sd/sdcl-59-12-20"},"notice":"GroundRules: Original legal text. Not legal advice."}