South Dakota Vehicle Power of Attorney

Introduction

Key Things to Know

1. 1

   MVD Form 1023, titled Power of Attorney, is the South Dakota Department of Revenue document that names an agent who may apply for a certificate of title for the described vehicle or boat in the owner's name, assign all rights, title and interest in it on the owner's behalf, or both, depending on which boxes the owner marks.

2. 2

   The notary requirement is statutory. SDCL Section 59-12-4 provides that any signature on a power of attorney shall be acknowledged before a notary public or other individual authorized by law to take acknowledgments, so the owner signs in front of a notary.

3. 3

   There is one vehicle exception, and it is narrow. SDCL Section 59-12-4.1 exempts a power of attorney to make application for or to assign a certificate of title from the notarization requirement where title is to be transferred to an insurer, and permits an electronic signature in that case.

4. 4

   The form is used for boats as well as road vehicles: Form 1023 carries a Boat checkbox alongside the Vehicle checkbox, so one document serves both kinds of title work.

5. 5

   Where more than one agent is named, the owner must state whether they act jointly, meaning both people named must sign, or severally, meaning either person named can sign on their own.

6. 6

   South Dakota is explicit about when the document is needed: a power of attorney must be attached to verify the appointment if the application is signed by an authorized agent rather than by the record owners themselves.

7. 7

   The form's own instruction is to print it and attach it to the title paperwork, and that paperwork is submitted to the applicable county treasurer's office, because South Dakota titling and registration run through the county treasurer.

South Dakota Requirements for Vehicle Power of Attorney

• MVD Form 1023, Power of Attorney

  South Dakota uses MVD Form 1023, titled Power of Attorney, published by the South Dakota Department of Revenue, Motor Vehicle Division. The Department's Cars, Trucks and Vans guidance lists the same form by the same number and title. It covers one described vehicle or boat.

• Acknowledged Before a Notary Under SDCL Section 59-12-4

  SDCL Section 59-12-4 provides that a power of attorney shall be signed by the principal, or in the principal's conscious presence by another individual directed by the principal to sign, and that any signature under that section shall be acknowledged before a notary public or other individual authorized by law to take acknowledgments.

• The Insurer Exception, SDCL Section 59-12-4.1

  Where title to a vehicle is to be transferred to an insurer, SDCL Section 59-12-4.1 exempts a power of attorney to make application for or to assign a certificate of title from the notarization requirement of Section 59-12-4, and allows the principal to satisfy the signature requirement by electronic signature. That is the only vehicle carve out.

• Scope Chosen by Checkbox

  Form 1023 has the owner mark the authority granted: to apply for a certificate of title for the described vehicle or boat in the name of the undersigned, to assign all rights, title and interest in the described vehicle or boat on behalf of the undersigned, or both. Mark every line the agent will need.

• Jointly or Severally Where Two Agents Are Named

  Where more than one agent is named, the owner marks whether they act jointly, which the form explains as both people named must sign, or severally, which it explains as either person named can sign. A jointly marked form stalls the title work if only one of the two agents is available.

• Boats as Well as Vehicles

  Form 1023 carries a Boat checkbox alongside the Vehicle checkbox, and the authority lines refer to the described vehicle or boat, so one South Dakota form serves both kinds of title work. Mark the box that matches the property being titled or assigned.

• Attached to Verify an Authorized Agent's Signature

  The Department of Revenue states that the Application for Motor Vehicle Title and Registration must be signed by the record owner or owners, or by an authorized agent for them, and that a power of attorney document must be attached to verify the appointment if the application is signed by an authorized agent.

• Submitted to the Applicable County Treasurer's Office

  The form's own instruction is to print it and attach it to the title paperwork, and that the paperwork needs to be submitted to the applicable county treasurer's office. South Dakota titling and registration run through the county treasurer rather than a state counter, so the authority goes in with the application.