CONTRACTS OF MINORS
26-2-1 Delegation of power by minor--Contracts relating to property--Account at financial institution.
26-2-2 Disability of minority removed to permit use of veterans' loan privileges.
26-2-3 Contracts subject to power of disaffirmance.
26-2-4 Power of disaffirmance not applicable to necessaries.
26-2-5 Power of disaffirmance not applicable to contract under express statutory authority.
26-2-6 Time for disaffirmance of contract--Persons authorized to disaffirm--Restoration of consideration.
26-2-7 Blood donations by minors.
26-2-1. Delegation of power by minor--Contracts relating to property--Account at financial institution. No minor may give a delegation of power, nor make a contract relating to real property, or any interest therein, or relating to any personal property not in his immediate possession or control. However, a minor's parent, grandparent, uncle, or aunt, if such person is an adult, and a minor's adult sibling may establish an account with a financial institution, and establish a present ownership right in that account. Such adult family member may sign the minor's name for and on behalf of the minor, for the purposes of establishing an account, and such subscription shall constitute a binding agreement between the financial institution, and the named parties to the account.
Source: SDC 1939, § 43.0103; SL 1991, ch 215, § 2.
26-2-2. Disability of minority removed to permit use of veterans' loan privileges. The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to chapter 37 of Title 38, United States Code, and of the minor spouse of any eligible veteran irrespective of age, in connection with any transaction entered into pursuant to that chapter in effect on July 1, 1984, is hereby removed, for all purposes in connection with such transaction, including, but not limited to, incurring of indebtedness or obligations and acquiring, encumbering, selling, releasing, or conveying property, or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction be guaranteed or insured by the administrator of veterans' affairs pursuant to such chapter 37. This section does not impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.
Source: SL 1945, ch 185, § 1; SL 1947, ch 191; SL 1953, ch 221; SDC Supp 1960, § 43.0103-1; SL 1984, ch 12, § 19.
26-2-3. Contracts subject to power of disaffirmance. Except as specified in § 26-2-1, a minor may make any other contract, subject only to his power of disaffirmance under the provisions of this title, and subject to the provisions of chapter 25-1.
Source: SDC 1939, § 43.0104.
26-2-4. Power of disaffirmance not applicable to necessaries. A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him if not under the care of a parent or guardian or conservator able to provide for him or them.
Source: SDC 1939, § 43.0106; SL 1993, ch 213, § 116.
26-2-5. Power of disaffirmance not applicable to contract under express statutory authority. A minor cannot disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute.
Source: SDC 1939, § 43.0107.
26-2-6. Time for disaffirmance of contract--Persons authorized to disaffirm--Restoration of consideration. In all cases other than those specified in §§ 26-2-4 and 26-2-5, the contract of a minor, if made while he is under the age of sixteen, may be disaffirmed by the minor himself, either before his majority or within one year's time afterwards; or in case of his death within that period, by his heirs or personal representatives; and, if the contract be made by the minor after he has reached the age of sixteen, it may be disaffirmed in like manner upon restoring the consideration to the party from whom it was received or paying its equivalent with interest.
Source: SDC 1939, § 43.0105; SL 1972, ch 154, § 7.
26-2-7. Blood donations by minors. Any person of the age of sixteen years may donate blood if the potential donor obtains the written consent of a parent or guardian. Any person of the age of seventeen years or over may donate blood without obtaining the consent of a parent or guardian. However, no person may take blood for donation from any person of the age of seventeen if the parent or guardian of such potential donor specifically requests of the person taking the blood that such donation be prohibited.
Source: SL 1970, ch 148; SL 1977, ch 206; SL 2009, ch 134, § 1.