The right of election may be exercised either by the surviving spouse or by the surviving spouse’s conservator or agent under the authority of a power of attorney, or if the surviving spouse dies prior to the expiration of the time for making an election under § 29A-2-211, by the surviving spouse’s personal representative.

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Terms Used In South Dakota Codified Laws 29A-2-212

  • 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

Source: SL 1995, ch 167, § 2-212.