SOUTH DAKOTA GUARDIANSHIP AND CONSERVATORSHIP ACT
PART 1. DEFINITIONS AND GENERAL PROVISIONS.
Citation of chapter.
Definition of terms.
Application of chapter.
Application of circuit court rules of procedure.
Application of chapter to person other than parent seeking custody of child--Limitations--Effect of chapter on other law.
Applicability of §§ 29A-5-106, 29A-5-106.1 and chapter 25-5.
Filing petition for appointment--Jurisdiction.
Transfer of jurisdiction following appointment.
Appointment of individual or entity--Qualifications.
Filing of acceptance and bond--Amount of bond--Notice of nonrenewal.
Action for breach of bond--Time limit.
Designation of agent for non-resident guardian or conservator.
Petition for appointment by guardian or conservator appointed in another state.
Payment or delivery to nonresident conservator or like fiduciary--Proof of
Compensation of guardian, conservator, attorneys, and other appointed individuals.
Appointment of attorney, guardian ad litem, or court representative.
Effect of appointment on minor or protected person.
Training curricula for persons appointed as guardians and conservators.
PART 2. PROCEDURES FOR APPOINTMENT OF GUARDIANS AND CONSERVATORS
Appointment of guardian or conservator of minor.
Nomination of guardian or conservator by minor or parent.
Who may file petition for appointment--Contents of petition.
Notice of appointment hearing--Exception.
Court appointment of attorney to protect minor's interest--Investigation by
Filing of minor's financial statement.
Certain documents to be sealed--Available to certain persons.
Hearing--Convenience--Participants--Determination of appointment--Findings and
Mailing copy of appointment order.
Appointment of temporary guardian or conservator.
PART 3. PROCEDURES FOR APPOINTMENT OF GUARDIANS AND CONSERVATORS
FOR PROTECTED PERSONS.
Appointment of guardian or conservator of protected person.
Appointment of guardian where capacity lacking to meet requirements for health,
care, safety, habilitation, or therapeutic needs.
Persons for whom conservator may be appointed.
Nomination of guardian or conservator by protected person--Appointment in absence
of effective nomination--Multiple appointments.
Who may file petition--Contents of petition.
Report to be included with petition--Contents.
Filing financial statement of protected person.
Notice of hearing for protected person.
Contest of appointment by protected person.
Duties of court representative.
Protected person's pre-hearing record sealed.
Hearing for alleged person in need of protection--Duty of jury--Duty of court.
Mailing appointment order to protected person.
Issuing letter of guardianship or conservatorship.
Temporary guardian or conservator of protected person.
PART 4. ADMINISTRATION OF GUARDIANSHIPS AND CONSERVATORSHIPS.
Responsibility of guardian of minor--Authority with regard to guardian appointed
under other chapters.
Responsibility of guardian of protected person.
Annual report of guardian of protected person.
Responsibilities of minor's conservator.
Responsibilities of conservator of protected person.
Protective arrangements for minors or protected persons.
Inventory of minor's or protected person's real and personal estate.
Annual accounting of conservator.
Waiver of accounting requirements--Change in frequency of accountings.
Notice of hearing on petition for order subsequent to appointment.
Powers of conservator.
Confirmation of sale of real estate.
Restrictions on conservator of minor or protected person.
Liability of guardian for acts of minor or protected person.
Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator.
Multiple guardians--Majority concurrence.
Presumption of authority of guardian or conservator.
Filing letters of conservatorship--Proper county--Constructive notice.
Court's authority to limit powers--Authorization sought by guardian or conservator.
Court authorized powers of protected person's conservator--Considerations--Hearing--Protected person's will.
Restriction of protected person's interaction with family prohibited--Exceptions.
Presumption of protected person's consent or refusal based on proof of relationship.
Court action to restrict interaction with family member.
Good cause factors for restricting interaction.
Types of restrictions--Supervised interaction.
Proceedings for violation of court order or abuse of discretion by guardian or
PART 5. TERMINATION, REVOCATION AND MODIFICATION OF APPOINTMENTS.
Termination of guardian's or conservator's appointment--Liability for prior acts.
Appointment of additional guardians or conservators--Successors.
Petition to resign as guardian or conservator.
Petition to remove guardian or conservator--Reasons for removal.
Termination of guardianship or conservatorship upon minor's death or majority--Adoption or emancipation of minor.
Termination of guardianship or conservatorship of minor when no longer needed--Investigation by court representative.
Termination of guardianship or conservatorship upon death of protected person.
Termination, revocation or modification of guardian or conservator--Modification
of limited guardianship or limited conservatorship--Investigation by court
Hearing on petition to terminate, revoke, or modify--Jury--Duty of court.
State as conservator of protected person--Distribution of assets upon death.
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