Bill
SD 926
Overview: SD 926, "An Act clarifying a right of a durable power of attorney", is a proposed bill introduced on November 29, 2025.Purpose and Intent: The primary objective of this b
Overview: SD 926, "An Act clarifying a right of a durable power of attorney", is a proposed bill introduced on November 29, 2025.
Purpose and Intent: The primary objective of this bill is to clarify and strengthen the legal rights and protections afforded to individuals who have granted a durable power of attorney (DPOA) to another person.
Key Provisions:
- Explicitly states that a DPOA remains valid and enforceable even if the principal (the individual who granted the DPOA) becomes incapacitated or incompetent, unless otherwise specified in the DPOA document.
- Requires financial institutions and other third parties to accept and honor a valid DPOA, unless they have reasonable cause to believe the DPOA is invalid or the agent is misusing their authority.
- Establishes a process for the principal to revoke or modify a DPOA, and for interested parties to petition the court to review the DPOA's validity or the agent's actions.
- Imposes civil and criminal penalties for individuals or institutions that wrongfully refuse to accept a valid DPOA or that abuse their authority as an agent.
Affected Parties and Impacts:
- Individuals who have granted a DPOA, as well as their designated agents, would benefit from the increased legal protections and clarity.
- Financial institutions, healthcare providers, and other third parties that interact with DPOA agents would be required to comply with the new requirements.
- The state's court system may see an increase in petitions related to DPOA disputes and reviews.
- The general public would have greater confidence in the enforceability and integrity of the DPOA legal instrument.
Procedural and Timeline Considerations:
The bill has been introduced in the state legislature and is currently under consideration by the relevant committees. If passed, the provisions would likely take effect within 6-12 months, as they primarily involve clarifying and strengthening existing DPOA laws.
Compiled from official sources — confirm details with the bill’s official record.
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