South Dakota Codified Laws
Chapter 05 - South Dakota Guardianship And Conservatorship Act
Section 29A-5-102 - Definition of terms.

29A-5-102. Definition of terms.
Terms used in this chapter mean:
(1)"Absentee," any individual who has disappeared, who has been forcibly detained either illegally or by a foreign power, or who is otherwise located in a foreign country and is unable to return;
(2)"Conservator," one appointed by the court to be responsible for managing the estate and financial affairs of a minor or protected person;
(3)"Court representative," any individual appointed by the court to make investigations and recommendations as provided in this chapter or as otherwise ordered by the court;
(4)"Guardian," one appointed by the court to be responsible for the personal affairs of a minor or protected person, but excludes one who is merely a guardian ad litem;
(5)"Interested person," any individual who is the subject of a guardianship or conservatorship proceeding, and any entity, public agency, or other individual with an interest in the proceeding, either generally or as to a particular matter;
(6)"Limited conservator," one appointed by the court who has only those responsibilities for managing the estate and financial affairs of a minor or protected person as are specified in the order of appointment;
(7)"Limited guardian," one appointed by the court who has only those responsibilities for the personal affairs of a minor or protected person as are specified in the order of appointment;
(8)"Minor," any individual under eighteen years of age;
(9)"Person alleged to need protection," any individual for whom the appointment of a guardian or conservator is being sought other than for reasons of minority;
(10)"Protected person," any individual for whom a guardian or conservator has been appointed other than for reasons of minority.
Unless the context otherwise requires, any reference to a "guardian" includes a "limited guardian," and any reference to a "conservator" includes a "limited conservator." Any reference to a "conservator" also includes a guardian with authority to manage the estate and financial affairs of a minor or protected person who was appointed prior to July 1, 1993. Any reference to a "person" refers to either an "interested person," a "person alleged to need protection," or a "protected person," as the context requires, and does not refer to a "person" as defined in §2-14-2(18).

Source: SL 1993, ch 213, §2; SDCL 30-36-2; SL 1995, ch 167, §§176, 181.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 29A - Uniform Probate Code

Chapter 05 - South Dakota Guardianship And Conservatorship Act

Section 29A-5-101 - Citation of chapter.

Section 29A-5-102 - Definition of terms.

Section 29A-5-103 - Application of chapter.

Section 29A-5-104 - Application of circuit court rules of procedure.

Section 29A-5-106 - Application of chapter to person other than parent seeking custody of child--Limitations--Effect of chapter on other law.

Section 29A-5-106.1 - Applicability of §§ 29A-5-106, 29A-5-106.1 and chapter 25-5.

Section 29A-5-108 - Filing petition for appointment--Jurisdiction.

Section 29A-5-109 - Transfer of jurisdiction following appointment.

Section 29A-5-110 - Appointment of individual or entity--Qualifications.

Section 29A-5-111 - Filing of acceptance and bond--Amount of bond--Notice of nonrenewal.

Section 29A-5-112 - Action for breach of bond--Time limit.

Section 29A-5-113 - Designation of agent for non-resident guardian or conservator.

Section 29A-5-114 - Petition for appointment by guardian or conservator appointed in another state.

Section 29A-5-115 - Payment or delivery to nonresident conservator or like fiduciary--Proof of appointment.

Section 29A-5-116 - Compensation of guardian, conservator, attorneys, and other appointed individuals.

Section 29A-5-117 - Appointment of attorney, guardian ad litem, or court representative.

Section 29A-5-118 - Effect--Appointment--Guardian--Conservator--Minor--Protected Person.

Section 29A-5-119 - Training curricula for persons appointed as guardians and conservators.

Section 29A-5-201 - Appointment of guardian or conservator of minor.

Section 29A-5-202 - Nomination of guardian or conservator by minor or parent.

Section 29A-5-203 - Who may file petition for appointment--Contents of petition.

Section 29A-5-204 - Notice of appointment hearing--Exception.

Section 29A-5-205 - Court appointment of attorney to protect minor's interest--Investigation by court-appointed representative.

Section 29A-5-206 - Filing of minor's financial statement.

Section 29A-5-207 - Certain documents to be sealed--Available to certain persons.

Section 29A-5-208 - Hearing--Convenience--Participants--Determination of appointment--Findings and conclusions.

Section 29A-5-209 - Mailing copy of appointment order.

Section 29A-5-210 - Appointment of temporary guardian or conservator.

Section 29A-5-301 - Appointment of guardian or conservator of protected person.

Section 29A-5-302 - Appointment of guardian where capacity lacking to meet requirements for health, care, safety, habilitation, or therapeutic needs.

Section 29A-5-303 - Persons for whom conservator may be appointed.

Section 29A-5-304 - Nomination of guardian or conservator by protected person--Appointment in absence of effective nomination--Multiple appointments.

Section 29A-5-305 - Who may file petition--Contents of petition.

Section 29A-5-306 - Report to be included with petition--Contents.

Section 29A-5-307 - Filing financial statement of protected person.

Section 29A-5-308 - Notice of hearing for protected person.

Section 29A-5-309 - Contest of appointment by protected person.

Section 29A-5-310 - Duties of court representative.

Section 29A-5-311 - Protected person's pre-hearing record sealed.

Section 29A-5-312 - Hearing for alleged person in need of protection--Duty of jury--Duty of court.

Section 29A-5-313 - Mailing appointment order to protected person.

Section 29A-5-314 - Issuing letter of guardianship or conservatorship.

Section 29A-5-315 - Temporary guardian or conservator of protected person.

Section 29A-5-401 - Responsibility of guardian of minor--Authority with regard to guardian appointed under other chapters.

Section 29A-5-402 - Responsibility of guardian of protected person.

Section 29A-5-403 - Annual report of guardian of protected person.

Section 29A-5-404 - Responsibilities of minor's conservator.

Section 29A-5-405 - Responsibilities of conservator of protected person.

Section 29A-5-406 - Protective arrangements for minors or protected persons.

Section 29A-5-407 - Inventory of minor's or protected person's real and personal estate.

Section 29A-5-408 - Annual accounting of conservator.

Section 29A-5-409 - Waiver of accounting requirements--Change in frequency of accountings.

Section 29A-5-410 - Notice of hearing on petition for order subsequent to appointment.

Section 29A-5-411 - Powers of conservator.

Section 29A-5-412 - Confirmation of sale of real estate.

Section 29A-5-413 - Restrictions on conservator of minor or protected person.

Section 29A-5-414 - Liability of guardian for acts of minor or protected person.

Section 29A-5-415 - Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator.

Section 29A-5-416 - Multiple guardians--Majority concurrence.

Section 29A-5-417 - Presumption of authority of guardian or conservator.

Section 29A-5-418 - Filing letters of conservatorship--Proper county--Constructive notice.

Section 29A-5-419 - Court's authority to limit powers--Authorization sought by guardian or conservator.

Section 29A-5-420 - Court authorized powers of protected person's conservator--Considerations--Hearing--Protected person's will.

Section 29A-5-421 - Restriction of protected person's interaction with family prohibited--Exceptions.

Section 29A-5-422 - Presumption of protected person's consent or refusal based on proof of relationship.

Section 29A-5-423 - Court action to restrict interaction with family member.

Section 29A-5-424 - Good cause factors for restricting interaction.

Section 29A-5-425 - Types of restrictions--Supervised interaction.

Section 29A-5-426 - Proceedings for violation of court order or abuse of discretion by guardian or conservator--Removal.

Section 29A-5-501 - Termination of guardian's or conservator's appointment--Liability for prior acts.

Section 29A-5-502 - Appointment of additional guardians or conservators--Successors.

Section 29A-5-503 - Petition to resign as guardian or conservator.

Section 29A-5-504 - Petition to remove guardian or conservator--Reasons for removal.

Section 29A-5-505 - Termination of guardianship or conservatorship upon minor's death or majority--Adoption or emancipation of minor.

Section 29A-5-506 - Termination of guardianship or conservatorship of minor when no longer needed--Investigation by court representative.

Section 29A-5-507 - Termination of guardianship or conservatorship upon death of protected person.

Section 29A-5-508 - Termination, revocation or modification of guardian or conservator--Modification of limited guardianship or limited conservatorship--Investigation by court representative--Records sealed.

Section 29A-5-509 - Hearing on petition to terminate, revoke, or modify--Jury--Duty of court.

Section 29A-5-510 - State as conservator of protected person--Distribution of assets upon death.