Document Type

Article

Publication Date

1-1-2021

Disciplines

Law

Abstract

In 2020, Governor Kristi Noem signed South Dakota's slightly tweaked version of the Uniform Power of Attorney Act (UPOAA) into law. That uniform act-now enacted in a total of twenty-eight states since approved by the Uniform Law Commissioners in 2006, represents a significant advancement in clarifying and regulating the use of powers of attorney. Given the widespread use of powers of attorney and their great potential for abuse and misuse, a comprehensive set of rules-both default and mandatory-is warranted. This article summarizes the UPOAA as well as the history of uniform acts which preceded it. The arrangement and structure of the Act and its incorporation of a statutory power of attorney form are detailed. Key deviations from the UPOAA approved in South Dakota are summarized. Finally, this article sketches some of most important powers of attorney opinions issued by the South Dakota Supreme Court in the last twenty-five years and considers which aspects of that jurisprudence may have been displaced or supplemented with the new power of attorney act statutes.

Publication Title

66 South Dakota Law Review 208

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