Short answer. A notary is required; no witnesses under the execution rule.
At a glance
- Uniform act
- SB 148 (2020) adopted the Uniform Power of Attorney Act as chapter 59-12, for powers created on or after July 1, 2020.
- Notary
- Any signature is acknowledged before a notary or other official authorized to take acknowledgments.
- Witnesses
- The execution section doesn't require witnesses.
- Agent's acknowledgment
- An agent accepts by acting or other conduct showing acceptance.
- Official form
- Statutory form power of attorney (SDCL 59-12-41). Section 59-12-41 sets out the statutory form. Open it
- Recording for real estate
- When a power of attorney is to be recorded with the register of deeds, the recording rules of 43-28-23 and 7-9-1 apply.
- Durable
- South Dakota's version isn't durable unless the document says so.
- Healthcare document
- Signed by the principal, or by someone else in the principal's conscious presence at the principal's direction, and witnessed by two other adults or by a notary.
In the official wording
Notary
"Any signature under this section shall be acknowledged before a notary public or other individual authorized by law to take acknowledgments."
Witnesses
"A power of attorney shall be signed by the principal"
Agent
"a person accepts appointment as an agent under a power of attorney by exercising authority"
Recording
"apply to any power of attorney that is to be recorded with the register of deeds."
Durability
"if the power of attorney is not durable"
Healthcare
"The signature shall be witnessed by two other adult individuals or by a notary public."
Get it notarized online today
Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email
A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.
What you need
- A valid government photo ID
- A computer or phone with a camera
- The unsigned document
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
Signing-day steps
- Statutory form: recommended or optional
- Notary: required
- Witnesses: not required
- Agent's acknowledgment: not required
- Recording for real estate: recommended or optional
- Durable after incapacity: required
Full checklist with the reasons: financial · healthcare.
Signing in New Jersey? MCC Solutions provides mobile notarization, hospital notarization and remote online notarization for New Jersey signers. Elsewhere, a local notary can help.
Official sources
- Session Laws 2020, chapter 214 (SB 148), An Act to adopt the Uniform Power of Attorney Act (South Dakota Legislature) (checked November 2026)
- SDCL 59-7-2.1, Principal, designation, health care (South Dakota Legislature) (checked November 2026)
General information, not legal advice; we are not lawyers. Have a lawyer prepare or review the power of attorney itself.
Common questions
Does a power of attorney have to be notarized in South Dakota?
Yes. Any signature is acknowledged before a notary or other official authorized to take acknowledgments.
How many witnesses does a South Dakota power of attorney need?
None under the execution rule we read. The execution section doesn't require witnesses.
Does the agent have to sign anything in South Dakota?
Not before acting. An agent accepts by acting or other conduct showing acceptance.
Must a South Dakota power of attorney be recorded to sell or mortgage real estate?
When a power of attorney is to be recorded with the register of deeds, the recording rules of 43-28-23 and 7-9-1 apply.
Is a South Dakota power of attorney durable?
Only if it says so. South Dakota's version isn't durable unless the document says so.
How is a healthcare power of attorney signed in South Dakota?
Signed by the principal, or by someone else in the principal's conscious presence at the principal's direction, and witnessed by two other adults or by a notary.
All states: power of attorney requirements by state · South Carolina · Texas · Signing a healthcare proxy or medical power of attorney