Validity of power of attorney
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SD Code › Title 59 › Chapter 12 › Section 59-12-5
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(1) A power of attorney executed in this state on or after July 1, 2020, is valid if its execution complies with § 59-12-4 .
(2) A power of attorney executed in this state before July 1, 2020, is valid if its execution complied with the law of this state as it existed at the time of execution.
(3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(a) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 59-12-6 ; or
(b) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044(b).
(4) Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Source: SL 2020, ch 214, § 5.
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