South Dakota Codified Laws 18-8-1. Definitions
Terms used in this chapter mean:
(1) “Electronic,” relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
Terms Used In South Dakota Codified Laws 18-8-1
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) “Electronic presence,” the relationship of two or more individuals in different locations communicating by means of video communication technology;
(3) “Instrument,” a will, a declaration, a power of attorney, a pre-need cremation authorization, or an anatomical gift or refusal to make an anatomical gift of the individual’s body or part thereof;
(4) “Video communication technology,” an electronic device or process that allows a signer and a remotely located person or persons not in the physical presence of the signer to communicate in real-time simultaneously by sight and sound and that makes any necessary reasonable accommodation for individuals with vision, hearing, or speech impairments;
(5) “Signer,” an individual who signs or who acknowledges that signature. A signer also includes an individual who directs another person to sign for the signer in the physical presence of the signer.
Source: SL 2022, ch 56, § 1.