S.D. Codified Laws § 59-12-42

Current through the 2024 Legislative Session

Section 59-12-42 - Statutory form-Agent's certification

The following optional form may be used by an agent to certify facts concerning a power of attorney. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of deeds.

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of ______________________)

)SS. AFFIDAVIT

County of_____________________)

I, _____________________________________________ (Name of Agent), certify under penalty of perjury that _____________________________________(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated _____________________, 2____.

I further certify that to my knowledge:

(1) The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4) _____________________________________________________________________________________________________________________________________________________________________________________________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

___________________________________________________________, 2____

Agent's Signature Date

____________________________________________

Agent's Name Printed

Agent's Address____________________________________________

Agent's Telephone Number____________________________________________

State of ____________________________ )

)SS.

County of___________________________)

This Agent's Certification as to the Validity of Power of Attorney and Agent's Authority document was acknowledged before me on _____________________, 2_____ by ___________________________________. (Date) (Name of Agent)

____________________________________________(Seal)

Signature of Notary Public

My commission expires:

SDCL 59-12-42

SL 2020, ch 214, § 42.

Added by S.L. 2020, ch. 214,s. 42, eff. 7/1/2020.