Title 29A, UNIFORM PROBATE CODE

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…

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…

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…

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…

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…

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…

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 …

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…

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…

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 …

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…

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…

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…

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…

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 …

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…

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…

Upon petition therefor, the court may authorize a conservator to exercise any of the powers over the estate or financial affairs of a protected person which the protected person could have exercised if present and not under conservatorship, including the powers: (1) To make gifts…

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…

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…

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.

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…

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…

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…

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…

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…

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…

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…

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.