Delegation of Parental Powers
(SD)

Summary

This template is a power of attorney which may be used by a parent or guardian to delegate parental powers to an attorney-in-fact for a limited duration. It may be used in South Dakota, although there is no specific authority for delegations in South Dakota. This template includes practical guidance, drafting notes, and optional clauses. This template is intended to permit a parent to delegate to an attorney-in-fact the parent's powers regarding the care, custody, or property of his or her child on a temporary basis—such as when the parent anticipates being absent or otherwise unable to care for a child—without terminating the parent's parental rights. South Dakota has no specific statutory or judicial authority permitting the delegation of parental powers, so this template should be used with that understanding. This template is based on forms from other jurisdictions. This power of attorney is intended to be temporary only. If a long-term guardianship needs to be put in place, South Dakota's guardianship procedures must be followed. See SDCL 29A-5 et seq. For more South Dakota-specific documents, see Will for Single Individual (Optional Trust(s) for Children) (SD), Will for Individual with Spouse (Optional Trust(s) for Spouse and/or Children) (SD), Health Care Power of Attorney (SD), and Power of Attorney (Durable, General) (SD).