Proceedings for violation of court order or abuse of discretion by guardian or conservator--Removal

SDCL § 29A-5-426 — under SOUTH DAKOTA GUARDIANSHIP AND CONSERVATORSHIP ACT.

SDCL § 29A-5-426

If any person, including the protected person, reasonably believes that a guardian or conservator has violated a court order or abused the guardian's or conservator's discretion in applying § 29A-5-422 , the person may move the court to: (1) Require the guardian or conservator to grant a person access to the protected person; (2) Restrict, or further restrict, a person's access to the protected person; (3) Modify the guardian or conservator's duties; or (4) Remove the guardian or conservator pursuant to this chapter. A guardian or conservator who knowingly isolates a protected person and has violated §§ 29A-5-421 to 29A-5-426 , inclusive, or an order issued pursuant to §§ 29A-5-421 to 29A-5-426 , inclusive, is subject to removal pursuant to this chapter. A person appointed to a guardian or conservator prior to July 1, 2021, who fails to complete or timely complete the training curricula required pursuant to § 29A-5-119 is subject to removal pursuant to this chapter. Source: SL 2016, ch 150 , § 6; SL 2021, ch 121 , § 5.