South Dakota Statutes
§ 59-6-11 — Durable Power of Attorney--Presumption--Liability--Exceptions.
A durable power of attorney for health care designated under the provisions of § 59-7-2.1 is presumed valid. Another person may rely on the presumption of validity unless the person has actual knowledge that the power was not validly executed or that the power was revoked. Except as provided in this section, any person who refuses to accept the authority of the agent to exercise a power granted under the durable power of attorney for health care is liable to the principal and to the principal's heirs, assigns, and the personal representative or successor in interest of the principal's estate in the same manner as the person would be liable had the person refused to accept the authority of the principal to act on the principal's own behalf. The person found liable for refusing to accept the
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South Dakota § 59-6-11 (Durable Power of Attorney--Presumption--Liability--Exceptions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 2004, ch 312, § 2; SL 2020, ch 214, § 50.
Nearby Sections
15
§ 59-1-1
Agency defined.§ 59-1-2
Agents--General or special.§ 59-1-4
Actual agency.§ 59-1-5
Ostensible agency.§ 59-10-1
Short title.§ 59-10-10
Required form of contract.§ 59-10-11
Notice to educational institution.§ 59-10-12
Student-athlete's right to cancel.§ 59-10-13
Required records.§ 59-10-14
Prohibited conduct.§ 59-10-15
Criminal penalties.§ 59-10-16
Civil remedies.§ 59-10-17
Administrative penalty.