29A-5-305. Who may file petition--Contents of petition.
A petition for the appointment of a guardian, a conservator, or both, may be filed by the person alleged to need protection, by an interested relative, by the individual or facility that is responsible or has assumed responsibility for the person's care or custody, by the individual or entity that the person has nominated as guardian or conservator, or by any other interested person, including the Department of Human Services.
The petition shall state the petitioner's name, place of residence, post office address, and relationship to the person alleged to need protection, and shall, to the extent known as of the date of filing, state the following with respect to the person alleged to need protection and the relief requested:
(1)The person's name, date of birth, place of residence or location, and post office address or, if it is alleged that the person is an absentee, the person's last known residence and post office address;
(2)The names and post office addresses of the person's nearest relatives, in the following order:
(a)The spouse and children, if any; or if none
(b)The parents and brothers and sisters, if any; or if none
(c)The nearest known relatives who would be entitled to succeed to the person's estate by intestate succession;
(3)The name, place of residence or location, and post office address of the individual or facility that is responsible for or has assumed responsibility for the person's care or custody;
(4)The name, place of residence or location, and post office address of any agent or agents designated under a durable power of attorney of which the person alleged to need protection is the principal, and the petitioner shall attach a copy of any such power or powers of attorney, if available;
(5)Whether the person's incapacity will prevent attendance at the hearing and the reasons therefor;
(6)If the petition alleges that the person is an absentee, a statement of the relevant circumstances, including the time and nature of the disappearance or detention and a description of any search or inquiry concerning the person's whereabouts;
(7)The type of guardianship or conservatorship requested, the reasons therefor, and the interest of the petitioner in the appointment;
(8)The name, post office address and, if the proposed guardian or conservator is an individual, the individual's age, occupation and relationship to the person alleged to need protection;
(9)The name, post office address and, if the person alleged to need protection has nominated a guardian or conservator who is an individual, the individual's age, occupation and relationship to the person alleged to need protection;
(10)The name and post office address of any guardian or conservator currently acting, whether in this state or elsewhere;
(11)If the appointment of a limited guardian is requested, the specific areas of protection and assistance to be included in the court's order of appointment; and
(12)If the appointment of a limited conservator is requested, the specific areas of management and assistance to be included in the court's order of appointment.
Source: SL 1993, ch 213, §33; SDCL §30-36-33; SL 1995, ch 167, §181; SL 2017, ch 230 (Ex. Ord. 17-1), §32, eff. Apr. 13, 2017.
Structure 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-5-106.1 - 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-5-117 - 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-5-206 - Filing of minor's financial statement.
Section 29A-5-207 - Certain documents to be sealed--Available to certain persons.
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-5-303 - Persons for whom conservator may be appointed.
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-5-402 - 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-5-416 - 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-5-423 - 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-5-502 - 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-5-507 - Termination of guardianship or conservatorship upon death of protected person.
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.