Legal Question in Elder Law in South Dakota

Re: Power of attorney

Dear Sir/Madam:

Ordinarily a power of attorney for property would be recorded only if the principal owned real property. If only personal property is involved, i.e., a bank account, the instrument would not be recorded. Consequently, the only way to discover whether the principal signed a power of attorney is to ask him or her. If the principal is unwilling or unable to answer, you would have to have access to his or her bank statement or other record.