Section 59-12-21 – Laws applicable to financial institutions and entities.
59-12-21. Laws applicable to financial institutions and entities. Nothing in this chapter may be interpreted to amend or supersede any other law applicable to financial institutions or other entities. Source: SL 2020, ch 214, § 21.
Section 59-12-22 – Remedies under other law.
59-12-22. Remedies under other law. The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the laws of this state. Source: SL 2020, ch 214, § 22.
Section 59-12-23 – Authority that requires specific grant–Grant of general authority.
59-12-23. Authority that requires specific grant–Grant of general authority. (1)An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or […]
Section 59-12-14 – Exoneration of agent.
59-12-14. Exoneration of agent. A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision: (1)Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless […]
Section 59-12-15 – Judicial relief.
59-12-15. Judicial relief. (1)In addition to any petition under chapter 21-65, the following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: (a)The principal or the agent; (b)A guardian, conservator, or other fiduciary acting for the principal; (c)A person authorized to make health care […]
Section 59-12-16 – Agent’s liability.
59-12-16. Agent’s liability. An agent that violates the provisions of this chapter is liable to the principal or the principal’s successors in interest for the amount required to: (1)Restore the value of the principal’s property to its value had the violation not occurred; and (2)Reimburse the principal or the principal’s successors in interest for any […]
Section 59-12-17 – Agent’s resignation–Notice.
59-12-17. Agent’s resignation–Notice. Unless otherwise provided in the power of attorney, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to the guardian, if any, and any co-agent or successor agent, or to: (1)The principal’s caregiver; or (2)If there is no principal caregiver, to: (a)Another person reasonably believed […]
Section 59-12-18 – Acceptance of and reliance upon acknowledged power of attorney.
59-12-18. Acceptance of and reliance upon acknowledged power of attorney. (1)For purposes of this section and §52-12-19, the term, South Dakota compliant, means a power of attorney signed by the principal and substantially in the form provided in §59-12-41 and acknowledged before a notary public or other individual authorized to take acknowledgements. (2)A person that […]
Section 59-12-19 – Liability for refusal to accept acknowledged power of attorney.
59-12-19. Liability for refusal to accept acknowledged power of attorney. (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 […]
Section 59-12-20 – Principles of law and equity.
59-12-20. Principles of law and equity. Unless otherwise required under this chapter, the principles of law and equity apply to the provisions of this chapter. Source: SL 2020, ch 214, § 20.