Quick answer

To make a power of attorney (POA) executed in a South Dakota correctional facility legally valid, the document must meet the same basic formal requirements that apply statewide: the principal must have legal capacity and intend the authority granted; the signature must be valid (signed by the principal or by someone at the principal’s direction and in the principal’s presence); the document should be witnessed or notarized as required for the type of authority involved; durable language must be used if the POA should survive incapacity; and for real estate transactions the POA generally must be acknowledged or otherwise meet recording requirements. In a prison setting you must also comply with facility rules, arrange for an approved notary or qualified witnesses, guard against duress, and keep certified copies for banks or other third parties.

Detailed answer — Formal requirements under South Dakota law

1. Principal capacity and intent

A POA is valid only if the person who signs it (the principal) has legal capacity at the time of signing. Capacity means the principal understands the nature and consequences of appointing an agent and the authority being granted. If capacity is in doubt, a contemporaneous medical evaluation or statement from a qualified professional strengthens the document’s defensibility.

2. Signature and execution method

The POA must be signed by the principal. If the principal cannot physically sign, state law generally allows another person to sign on the principal’s behalf, but only at the principal’s direction and in the principal’s presence. When the signature is made by a third party, witnesses or a notary should expressly acknowledge that the signature was made at the principal’s direction and in the principal’s presence.

3. Notarization and witnesses

South Dakota recognizes notarized powers of attorney and generally treats notarization as the primary way to establish authenticity. Notarization creates a presumption that the signature is genuine and the principal acted voluntarily. For certain transactions—especially those involving real estate—acknowledgment before a notary or other formal attestation is usually required to record or use the POA with third parties (banks, title companies, government agencies).

Because prisons restrict external visitors, you must arrange for an authorized notary or acceptable witnesses to come to the facility or use an on-site notary if available. Contact the facility’s administration to learn its process for notaries and other authorized signers.

4. Durable language (if desired)

If the principal wants the POA to remain effective if they later become incapacitated, the document must contain durable language (for example: “This power of attorney shall not be affected by subsequent incapacity of the principal” or similar). Without that durability clause, a POA normally ends if the principal becomes incapacitated.

5. Specificity of powers and statutory form

Clear, specific grants of authority reduce disputes. Use explicit language for important powers (banking, property, health care—note that a health care power often requires a separate health-care directive or a specific statutory health care POA). South Dakota recognizes statutory powers of attorney forms and the Uniform Power of Attorney framework; using a recognized form helps third parties accept the document.

6. Real property and recording

To use a POA for real estate conveyances or for matters that must be recorded, you typically need an acknowledgment before a notary and must meet county recording requirements. Confirm recording rules with the county register of deeds and use the notary/acknowledgment language required for recordation.

7. Voluntariness and absence of duress

Any sign that the principal signed under coercion, pressure, or undue influence can invalidate the POA. Incarcerated principals are particularly vulnerable to claims of coercion, so take steps to document voluntariness (private meeting with the notary/witness, clear written statement, and, if possible, a brief independent interview or notarized statement about voluntariness).

8. Practical prison-specific steps

• Contact the facility’s administration or records office to learn the procedure for notaries, visiting attorneys, or approved outside witnesses.
• Ask whether the facility provides an on-site notary or how to schedule an outside notary to visit.
• Arrange for independent witnesses (not correctional staff who stand to benefit) if the notary option is not available.
• Secure a certified or notarized copy of the final signed POA and keep the original in a safe place accessible to the agent.
• If banks, title companies, or state agencies will rely on the POA, verify in advance what those third parties require (some banks use their own POA acceptance forms or require additional notarization/verification).

Statute references and official resources

South Dakota’s codified laws and official resources provide the baseline rules and notary information you will need. Consult the South Dakota Codified Laws and the Secretary of State’s notary guidance for details and updates:

• South Dakota Codified Laws — main statutes index: https://sdlegislature.gov/Statutes/Codified_Laws
• South Dakota Secretary of State — Notary Public information: https://sdsos.gov/general-services/notary-public/default.aspx
• South Dakota Department of Corrections — facility contacts and rules: https://doc.sd.gov

Note: South Dakota law may provide specific statutory language or requirements for particular kinds of POAs (such as those involving real property or health care). When a specific statute is needed for a transaction, consult the codified laws page above or speak with a lawyer who practices in South Dakota.

Helpful Hints — practical checklist for executing a POA in prison

1. Confirm capacity: get a clinician’s note if there is any question about the principal’s understanding.
2. Use a clear, written POA form and include a durable clause if you want it to survive future incapacity.
3. Plan notarization in advance: contact the facility to schedule an approved notary or learn witness rules.
4. Avoid using staff with a potential conflict of interest as witnesses.
5. Document voluntariness: if possible, include a short notarized statement that the principal acted freely and understood the document.
6. Obtain certified copies and keep the original safe; provide copies to the named agent and relevant institutions (banks, title companies, health providers).
7. If the POA will be used for real estate, ask the county register of deeds about recording requirements before signing.
8. Confirm acceptance: call banks or agencies that will rely on the POA to verify any special form or additional verification they require.
9. When in doubt, consult a South Dakota attorney or the facility’s legal assistance program to confirm the document will be accepted.