Title 29A — UNIFORM PROBATE CODE

Source: SL 1993, ch 213 , § 2; SDCL 30-36-2; SL 1995, ch 167 , §§ 176, 181; SL 2026, ch 19 , § 8.

Source: SL 1993, ch 213 , § 63; SDCL 30-36-63; SL 1995, ch 167 , §§ 179, 181; SL 2002, ch 138 , § 4.

This chapter shall be known and may be cited as the South Dakota Guardianship and Conservatorship Act. Source: SL 1993, ch 213 , § 1; SDCL 30-36-1 ; SL 1995, ch 167 , § 181.

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 b…

This chapter applies to all guardianships and conservatorships in this state, including guardianships created prior to July 1, 1993. Unless otherwise modified or terminated, all guardianships created prior to July 1, 1993, shall remain in full force and effect and all guardians s…

Chapter 15-6 , known as "Rules of Procedure in Circuit Court," apply to all proceedings under this chapter, except as otherwise provided. Source: SL 1993, ch 213 , § 4; SDCL 30-36-4; SL 1995, ch 167 , § 181. 29A-5-105. Repealed by SL 1995, ch 167 , § 177

29A-5-106 Application of chapter to person other than parent seeking custody of child--Limitations--Effect of chapter on other law. 29A-5-106.1 Applicability of §§ 29A-5-106 , 29A-5-106.1 and chapter 25-5 . 29A-5-107

Custody of a child may be sought by a person other than the parent under this chapter and the substantive law of this state. A person other than the parent may not use this chapter to seek custody if a proceeding is pending pursuant to chapter 25-3 , 25-4 , 25-5A , 25-6 , 25-8 , …

It is the express legislative intent that §§ 29A-5-106 and 29A-5-106.1 , together with chapter 25-5 dealing with custody disputes between a parent and a person other than the parent, apply to all pending and subsequent guardianship matters involving a custody dispute between a pa…

29A-5-108 Filing petition for appointment--Jurisdiction. 29A-5-109 Transfer of jurisdiction following appointment. 29A-5-110 Appointment of individual or entity--Qualifications. 29A-5-111 Filing of acceptance and bond--Amount of bond--Notice of nonrenewal. 29A-5-112 Action for br…

A petition for the appointment of a guardian or conservator shall be filed in the county in which the minor either resides or is present or, if the minor has been admitted to a facility pursuant to an order of court, in the county in which that court is located. If the minor neit…

Following the appointment of a guardian or conservator, the court with jurisdiction over the proceeding may order the transfer of jurisdiction to another county in this state or to another state if it appears to the court by reason of the residence or location of the minor, the l…

Any adult individual may be appointed as a guardian, a conservator, or both, if capable of providing an active and suitable program of guardianship or conservatorship for the minor or protected person, and if not employed by any public or private agency, entity, or facility that …

The appointment of a guardian or conservator does not become effective nor may letters of guardianship or conservatorship issue until the guardian or conservator has filed an acceptance of office and any required bond. The court may not require the filing of a bond by a guardian …

In case of a breach of any condition on a guardian's or conservator's bond, an action may be maintained by any interested person for the use and benefit of the minor, the protected person, or the estate. However, no action may be maintained against the sureties on a bond unless s…

A guardian or conservator who is or who later becomes a nonresident of this state shall file with the clerk of courts in the county in which the proceeding is pending a designation of an agent residing in this state to accept service of process. Such filing shall be made promptly…

A guardian, conservator or like fiduciary appointed in another state may be appointed as a guardian or conservator in this state upon presentation of a petition therefor, proof of appointment, and a certified copy of such portion of the court record in the other state as the cour…

Any individual or entity indebted to a minor or protected person or having possession of a minor's or protected person's personal property, whether tangible or intangible, including an instrument evidencing a debt, stock, or right of action, may pay or deliver it to a conservator…

Any guardian, conservator, attorney for any guardian or conservator and the attorney for the minor or person alleged to need protection, and any other individuals appointed by the court in connection with a guardianship or conservatorship proceeding, are entitled to reasonable co…

Nothing in this chapter precludes the appointment of an attorney, guardian ad litem, or court representative if the court determines that such an appointment is necessary. Source: SL 1993, ch 213 , § 17; SDCL 30-36-17; SL 1995, ch 167 , § 181.

The appointment of a guardian or conservator of a protected person does not constitute a general finding of legal incompetence unless the court so orders, and the protected person shall otherwise retain all rights which have not been granted to the guardian or conservator, with t…

A conservator shall notify all persons receiving the accounting that they must present written objections within sixty days after receipt or be barred from thereafter objecting. Upon filing an objection, any interested person may request a hearing on the accounting. The court may…

A guardian or conservator of a minor may be appointed upon petition, the filing of a statement of financial resources, and after notice and hearing as provided in this section and §§ 29A-5-202 to 29A-5-210 , inclusive. Upon an appointment, the guardianship or conservatorship stat…

A minor, age fourteen or older, may nominate any individual or entity to act as his guardian or conservator. The nomination may be made in writing or by an oral request to the court. The court may appoint the individual or entity so nominated if the nominee is otherwise eligible …

A petition for the appointment of a guardian, a conservator, or both, may be filed by the minor, by an interested relative, by the individual or facility that is responsible for or has assumed responsibility for the minor's care or custody, by the individual or entity that the mi…

Upon the filing of the petition, the court shall issue a notice fixing the date, hour and location for a hearing to take place within sixty days. At least fourteen days prior to the hearing, the minor, if age ten or older, shall be personally served with a copy of the notice and …

The court may appoint an attorney for the minor, either upon the filing of the petition or at any time thereafter, if it concludes that an appointment is necessary to protect the minor's interests, and the court may appoint a court representative to make such investigations as th…

Prior to the hearing on the petition, the petitioner shall file a statement of the financial resources of the minor which shall, to the extent known, list the approximate value of the real and personal estate and the anticipated annual gross income and other receipts. Source: SL …

The statement of financial resources, any written report of the court representative, and any accountings or inventories made by the guardian or conservator shall be sealed upon filing and shall not be made a part of the public record but shall be available to the court, to the m…

The hearing on the petition to appoint a guardian or conservator shall be held at such convenient place as the court directs, including the place where the minor is located. The court may close the hearing to the public. The minor, if age ten or older, and the proposed guardian o…

The guardian or conservator shall mail a copy of the order of appointment within fourteen days following its entry to the minor, if age ten or older, and to all individuals and entities given notice of the petition. Source: SL 1993, ch 213 , § 27; SDCL 30-36-27; SL 1995, ch 167 ,…

The court may appoint a temporary guardian or conservator, or both, under this section and §§ 29A-5-201 to 29A-5-209 , inclusive, upon a showing that an immediate need exists and that an appointment would be in the minor's best interests. A temporary guardian or conservator shall…

A guardian or conservator of a protected person may be appointed upon petition, the filing of an evaluation report and statement of financial resources, and after notice and hearing as provided in this section and §§ 29A-5-302 to 29A-5-315 , inclusive. Upon an appointment, the gu…

A guardian may be appointed for an individual whose ability to respond to people, events, and environments is impaired to such an extent that the individual lacks the capacity to meet the essential requirements for his health, care, safety, habilitation, or therapeutic needs with…

A conservator may be appointed for an individual whose ability to respond to people, events and environments is impaired to such an extent that the individual lacks the capacity to manage property or financial affairs or to provide for his support or the support of legal dependen…

Any individual who has sufficient capacity to form a preference may at any time nominate any individual or entity to act as his guardian or conservator. The nomination may be made in writing, by an oral request to the court, or may be proved by any other competent evidence. The c…

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 individ…

The petition shall include a report evaluating the condition of the person alleged to need protection which shall contain, to the best information and belief of its signatories: (1) A description of the nature, type, and extent of the person's incapacity, including the person's s…

Prior to the hearing on the petition, the petitioner shall file a statement of the financial resources of the person alleged to need protection which shall, to the extent known, list the approximate value of the real and personal estate and the anticipated annual gross income and…

Upon the filing of the petition and evaluation report, the court shall promptly issue a notice fixing the date, hour, and location for a hearing to take place within sixty days. The person alleged to need protection shall be personally served with the notice, a copy of the petiti…

The court shall appoint an attorney for the person alleged to need protection, either upon the filing of the petition or at any time thereafter, if requested by the person alleged to need protection, if the person expresses a desire to contest the petition, or if the court determ…

Except to the extent excused by the court for good cause shown, the court representative shall interview the petitioner and the proposed guardian or conservator, shall visit the person alleged to need protection at the place where the person is located, shall orally explain the c…

The evaluation report, statement of financial resources, and written report of the court representative shall be sealed upon filing and may not be made a part of the public record of the proceeding but shall be available to the court, to the person alleged to need protection, to …

The hearing on the petition to appoint a guardian or conservator may be held at such convenient place as the court directs, including the place where the person alleged to need protection is located. The hearing may be closed to the public on the request of the person alleged to …

Within fourteen days following an appointment, the guardian or conservator shall mail a copy of the order of appointment, together with a brief statement of rights to seek termination or modification, to the protected person and to all individuals and entities given notice of the…

Upon the filing of an acceptance of office and any required bond, letters of guardianship, conservatorship, or both, shall issue. Letters issued to a limited guardian shall list the specific areas of protection or assistance granted to said guardian and letters issued to a limite…

The court may appoint a temporary guardian or conservator, or both, under this section and §§ 29A-5-301 to 29A-5-314 , inclusive, upon a showing that an immediate need exists, that adherence to the regular procedures for the appointment of a guardian or conservator may result in …

A guardian of a minor shall be responsible for making decisions regarding the minor's support, care, health, education, and, if not inconsistent with an order of commitment or custody, to take custody of the minor and to determine the minor's residence. A guardian shall maintain …

A guardian of a protected person shall make decisions regarding the protected person's support, care, health, habilitation, therapeutic treatment, and, if not inconsistent with an order of commitment or custody, shall determine the protected person's residence. A guardian shall m…

A guardian of a protected person shall file a report 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 reports to be filed; (3) When the guardian resigns or is removed; a…