Section 59-7-2.1 - Continuing authority of agent notwithstanding disability of principal when intentshown. - South Dakota Statutes

59-7-2.1. Continuing authority of agent notwithstanding disability of principal when intent shown. Notwithstanding § 59-7-2, if a principal designates another as his attorney in fact or agent by a written power of attorney which contains the words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding his disability, the authority of the attorney in fact or agent is exercisable by him as provided in the power on behalf of the principal notwithstanding any later disability or incapacity of the principal or later uncertainty as to whether or not the principal is dead or alive. A power of attorney granted pursuant to this section may authorize the attorney-in-fact to consent to, to reject, or to withdraw consent for medical procedures, treatment or intervention.

Source: SL 1977, ch 418, § 1; SL 1990, ch 412, § 1.