Title 29A — UNIFORM PROBATE CODE
9 chapters · 399 sections in this title.
SDCL § 29A-5-404 Responsibilities of minor's conservator
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A conservator of a minor, without the necessity of having to seek prior court authorization, shall apply the income and principal of the estate as needed for the minor's support, care, health and education. A conservator also shall apply the income and principal for the support o…
SDCL § 29A-5-405 Responsibilities of conservator of protected person
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A conservator of a protected person, without the necessity of having to seek prior court authorization, shall apply the income and principal of the estate as needed for the protected person's support, care, health, and if applicable, habilitation or therapeutic needs. A conservat…
SDCL § 29A-5-406 Protective arrangements for minors or protected persons
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Upon petition therefor, the court may authorize a conservator to enter into a protective arrangement, to disburse the estate of the minor or protected person, and to petition for termination of the conservatorship. Protective arrangements include but are not limited to payment, d…
SDCL § 29A-5-407 Inventory of minor's or protected person's real and personal estate
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Within ninety days following an appointment, a conservator shall file with the court an inventory of the real and personal estate of the minor or protected person which has come into the conservator's possession or knowledge. The inventory shall, with reasonable detail, list each…
SDCL § 29A-5-408 Annual accounting--Conservator--When filed
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A conservator shall file an accounting with the court within sixty days following the first anniversary of the appointment and: (1) At least annually thereafter; (2) When the court orders additional accounts to be filed; (3) When the conservator resigns or is removed; and (4) Whe…
SDCL § 29A-5-409 Waiver of accounting requirements--Change in frequency of accountings
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The court, upon petition, may waive the requirement that accountings be filed or may permit accountings to be filed less frequently than annually if it concludes that the expense involved or burden placed on the conservator in preparing and filing annual accountings outweigh the …
SDCL § 29A-5-410 Notice of hearing on petition for order subsequent to appointment
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Except as otherwise provided in this chapter or as ordered by the court for good cause shown, notice of hearing on a petition for an order subsequent to the appointment of a guardian or conservator, including an order approving a guardian's report or conservator's accounting, sha…
SDCL § 29A-5-411 Powers of conservator
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A conservator, in managing the estate, shall act as a fiduciary and in the best interests of the minor or protected person and shall, in addition, have the following powers, which may be exercised without prior court authorization except as otherwise provided: (1) To invest and r…
SDCL § 29A-5-412 Confirmation of sale of real estate
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Not less than fourteen days prior to the closing of any sale of real or personal property of the estate for which the fair market value is not readily ascertainable, the conservator shall provide written information of the intent to sell to all individuals and entities specified …
SDCL § 29A-5-413 Restrictions on conservator of minor or protected person
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Unless prior approval of court is first obtained, or unless such relationship existed prior to the appointment and was disclosed in the petition for appointment, a conservator may not: (1) Directly or indirectly purchase, lease, or sell any property from or to the minor, the prot…
SDCL § 29A-5-414 Liability of guardian for acts of minor or protected person
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A guardian is not liable for the acts of the minor or protected person, unless the guardian is personally negligent, nor may a guardian be required to expend personal funds on the minor's or protected person's behalf. Source: SL 1993, ch 213 , § 57; SDCL 30-36-57; SL 1995, ch 167…
SDCL § 29A-5-415 Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator
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Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity or identify the estate in…
SDCL § 29A-5-416 Multiple guardians--Majority concurrence
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If there is more than one guardian or conservator, a majority must concur to exercise a power unless a guardian or conservator has delegated powers to another guardian or conservator or the court has authorized the exercise of powers by less than a majority. However, a delegation…
SDCL § 29A-5-417 Presumption of authority of guardian or conservator
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Any individual or entity that in good faith deals with a guardian or conservator as to any matter or transaction is entitled to presume that the guardian or conservator is properly authorized to act. The fact that an individual or entity deals with a guardian or conservator with …
SDCL § 29A-5-418 Filing letters of conservatorship--Proper county--Constructive notice
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Within ninety days following an appointment, a conservator shall file and record a certified copy of the letters of conservatorship in the office of the register of deeds in the county of appointment and in any county in which the minor or protected person owns real estate. A con…
SDCL § 29A-5-419 Court's authority to limit powers--Authorization sought by guardian or conservator
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Nothing in this chapter prohibits the court from limiting the powers which may otherwise be exercised by a guardian or conservator without prior court authorization, from authorizing transactions which might otherwise be prohibited, nor from granting additional powers to a guardi…
SDCL § 29A-5-421 Restriction of protected person's interaction with family prohibited--Exceptions
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Except as described in § 29A-5-422 , a guardian or conservator may not restrict a protected person's right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail, unless the restriction is author…
SDCL § 29A-5-422 Presumption of protected person's consent or refusal based on proof of relationship
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If a protected person is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the guardian or conservator may presume the protected person's consent to or refusal of the communication, visitation, or inte…
SDCL § 29A-5-423 Court action to restrict interaction with family member
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With good cause, a guardian or conservator may move the court to restrict the other person's ability to communicate, visit, or interact with a protected person. Source: SL 2016, ch 150 , § 3.
SDCL § 29A-5-424 Good cause factors for restricting interaction
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A court may issue an order restricting the communications, visitations, or interactions that the other person may have with a protected person upon a showing of good cause by a guardian or conservator. In determining whether to issue an order, a court shall consider the following…
SDCL § 29A-5-425 Types of restrictions--Supervised interaction
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Before issuing an order pursuant to § 29A-5-424 , the court shall consider imposing the following restrictions in the order listed: (1) Placing reasonable time, manner, or place restrictions on communication, visitation, or interaction between the protected person and the other p…
SDCL § 29A-5-426 Proceedings for violation of court order or abuse of discretion by guardian or conservator--Removal
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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…
SDCL § 29A-5-427 Interested party--Access to medical and financial records
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The court must grant an interested person access to some or all of a protected person's medical or financial records if, on the motion of the interested person, the court finds access is in the best interest of the protected person. If the court does not grant access, the court m…
SDCL § 29A-5-428 Protected person--Alleged abuse, neglect, or self-dealing by the guardian or conservator
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If the court receives any verbal or written communication from a protected person alleging that a guardian or conservator is abusing or neglecting the protected person or is engaging in self-dealing with respect to the protected person's property, or the guardianship or conservat…
SDCL § 29A-5-501 Termination of guardian's or conservator's appointment--Liability for prior acts
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A guardian's or conservator's appointment terminates upon the death, resignation or removal of the guardian or conservator or upon the termination of the guardianship or conservatorship. A termination of an appointment does not affect the liability of a guardian or conservator fo…
SDCL § 29A-5-502 Appointment of additional guardians or conservators--Successors
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The court may appoint additional guardians or conservators and may appoint a successor guardian or conservator either prior to or at the time of a vacancy. A successor guardian or conservator appointed prior to a vacancy shall be immediately empowered to assume the duties of offi…
SDCL § 29A-5-503 Petition to resign as guardian or conservator
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A guardian or conservator may petition the court for permission to resign. Except for good cause shown, the court may not grant permission unless there is a suitable successor willing to act. Source: SL 1993, ch 213 , § 66; SDCL 30-36-66; SL 1995, ch 167 , § 181.
SDCL § 29A-5-504 Petition to remove guardian or conservator--Reasons for removal
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Upon petition by any interested person or on the court's own motion, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator: (1) Is acting under letters secured by material misrepresentation or mistake, whether fraudulent o…
SDCL § 29A-5-505 Termination of guardianship or conservatorship upon minor's death or majority--Adoption or emancipation of minor
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A guardianship or conservatorship of a minor shall terminate upon the minor's death or attainment of majority, if jurisdiction is transferred to another state, or if ordered by the court following a hearing thereon. A guardianship, but not a conservatorship, shall also terminate …
SDCL § 29A-5-506 Termination of guardianship or conservatorship of minor when no longer needed--Investigation by court representative
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Upon the filing of a petition by the minor, by the guardian or conservator, by any other interested person, or on the court's own motion, the court may terminate the guardianship, the conservatorship, or both, if the court determines that the minor is no longer in need of the ass…
SDCL § 29A-5-507 Termination of guardianship or conservatorship upon death of protected person
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A guardianship or conservatorship of a protected person shall terminate upon the death of the protected person, if jurisdiction is transferred to another state, or if ordered by the court following a hearing. Source: SL 1993, ch 213 , § 70; SDCL 30-36-70; SL 1995, ch 167 , § 181.
SDCL § 29A-5-508 Termination, revocation or modification of guardian or conservator--Modification of limited guardianship or limited conservatorship--Investigation by court representative--Records sealed
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Upon petition by the protected person, by the guardian or conservator, by any other interested person, or on the court's own motion, the court may terminate a guardianship, conservatorship, or both, or modify the type of appointment or the areas of protection, management, or assi…
SDCL § 29A-5-509 Hearing on petition to terminate, revoke, or modify--Jury--Duty of court
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A hearing on a petition to terminate, revoke, or modify shall be conducted in the same manner and the protected person shall have the same rights as would obtain at a hearing on a petition for the appointment of a guardian or conservator. The protected person and the guardian or …
SDCL § 29A-5-510 State as conservator of protected person--Distribution of assets upon death
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Notwithstanding any other statutory provision to the contrary, if the State of South Dakota is the conservator of a protected person and if the assets of the conservatorship are less than two thousand dollars, upon the death of the protected person, the conservator may elect to p…