reglab/housing_qa huggingface dataset:
SD Codified L § 29A-5-106 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 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. Application of chapter to person other than parent seeking custody of child--Limitations--Effect of chapter on other law.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, 26-7A, 26-8A, 26-8B, or 26-8C, or if the child is subject to the continuing jurisdiction of another court. Nothing in this chapter affects the provisions of chapters 25-4, 25-5, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, and 26-8C relating to the appointment of guardians and conservators and the administration of guardianships and conservatorships for children who have been adjudicated to be delinquent, abused, neglected, or in need of supervision. Nor may anything in this chapter affect the provisions of Title 27A, relating to individuals with mental illnesses. In the event of any inconsistency or conflict, the provisions of chapters 25-4, 25-5, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, and 26-8C or of Title 27A shall control, and the provisions of this chapter are in all respects to be supplementary thereto. A petition pursuant to this chapter seeking custody by a person other than the parent shall be dismissed if an action concerning the child is filed pursuant to chapter 26-7A, 26-8A, 26-8B, or 26-8C. If, while a guardianship petition pursuant to this chapter seeking custody by a person other than the parent is pending, an action is commenced pursuant to chapter 25-4, 25-5, 25-5A, 25-6, or 25-8, the court may, in its discretion, dismiss the guardianship proceeding and defer the child custody matter to the other proceeding or considering the stage of the proceedings, judicial economy, and best interests of the child, retain jurisdiction and establish the guardianship, or enter an appropriate protection order pending resolution of the pending proceedings. Source: SL 1993, ch 213, §6; SDCL 30-36-6; SL 1995, ch 167, §181; SL 2002, ch 140, §1.
SD Codified L § 29A-5-106.1 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-106.1 - Applicability of §§ 29A-5-106, 29A-5-106.1 and chapter 25-5.

29A-5-106.1. Applicability of §§29A-5-106, 29A-5-106.1 and chapter 25-5.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 parent and a person other than the parent. Source: SL 2002, ch 140, §2.
SD Codified L § 29A-5-108 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-108 - Filing petition for appointment--Jurisdiction.

29A-5-108. Filing petition for appointment--Jurisdiction.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 neither resides in nor is present in this state, a petition for the appointment of a conservator shall be filed in a county in which the minor has property or in the county having jurisdiction of a decedent's estate in which the minor has an interest. The court of the county in which the proceeding is first commenced shall have exclusive jurisdiction to decide the petition unless that court determines that a transfer of venue would be in the best interests of the minor. Source: SL 1993, ch 213, §8; SDCL §30-36-8; SL 1995, ch 167, §181; SL 2011, ch 135, §503.
SD Codified L § 29A-5-109 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-109 - Transfer of jurisdiction following appointment.

29A-5-109. Transfer of jurisdiction following appointment.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 location of a major portion of the property, or the residence of the guardian or conservator, that the interests of the minor will be best served by a transfer. Source: SL 1993, ch 213, §9; SDCL §30-36-9; SL 1995, ch 167, §181; SL 2011, ch 135, §503.1.
SD Codified L § 29A-5-111 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-111 - Filing of acceptance and bond--Amount of bond--Notice of nonrenewal.

29A-5-111. Filing of acceptance and bond--Amount of bond--Notice of nonrenewal.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 except for good cause shown.The court shall determine whether the filing of a bond by a conservator is necessary. In determining the necessity for or amount of a conservator's bond, the court shall consider:(1)The value of the personal estate and annual gross income and other receipts within the conservator's control;(2)The extent to which the estate has been deposited under an arrangement requiring an order of court for its removal;(3)Whether an order has been entered waiving the requirement that accountings be filed and presented or permitting accountings to be filed less frequently than annually;(4)The extent to which the income and receipts are payable directly to a facility responsible for or which has assumed responsibility for the care or custody of the minor or protected person;(5)Whether a guardian has been appointed, and if so, whether the guardian has presented reports as required;(6)Whether the conservator was appointed pursuant to a nomination which requested that bond be waived; and(7)Any other factors which the court deems appropriate.Any required bond shall be with such surety and in such amount and form as the court may order. The court may order additional bond or reduce bond whenever it considers such modification to be in the best interests of the minor, the protected person, or the estate.The surety or sureties of the bond must immediately serve notice to the court and to the minor, the protected person, or the estate if the bond is not renewed by the guardian or conservator. Source: SL 1993, ch 213, §11; SL 1994, ch 233, §2; SDCL §30-36-11; SL 1995, ch 167, §181; SL 2016, ch 120, §40.
SD Codified L § 29A-5-112 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-112 - Action for breach of bond--Time limit.

29A-5-112. Action for breach of bond--Time limit.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 such action is filed within four years after the guardian's or conservator's discharge or removal or within four years from the date the order surcharging the guardian or conservator becomes final, whichever is later. Source: SL 1993, ch 213, §12; SDCL 30-36-12; SL 1995, ch 167, §181.
SD Codified L § 29A-5-113 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-113 - Designation of agent for non-resident guardian or conservator.

29A-5-113. Designation of agent for non-resident guardian or conservator.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 following the appointment or removal from this state. Source: SL 1993, ch 213, §13; SDCL 30-36-13; SL 1995, ch 167, §181.
SD Codified L § 29A-5-114 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-114 - Petition for appointment by guardian or conservator appointed in another state.

29A-5-114. Petition for appointment by guardian or conservator appointed in another state.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 court in this state may specify. Notice of hearing on any such petition, together with a copy of the petition, shall be mailed at least fourteen days prior to the hearing to the minor, if age ten or older, to the protected person, and to the individuals and entities that would be entitled to notice if the regular procedures for appointment of a guardian or conservator were applicable. The court shall make the appointment unless it concludes that the appointment would not be in the minor's or protected person's best interest. Upon the filing of an acceptance of office and any required bond, the appropriate letters of guardianship or conservatorship shall issue. Within fourteen days following an appointment, the guardian or conservator shall mail a copy of the order of appointment to the minor, if age ten or older, to the protected person, and to all individuals and entities given notice of the petition. The mailing made to and on behalf of the protected person shall include a brief statement of rights to seek termination or modification. Source: SL 1993, ch 213, §14; SDCL 30-36-14; SL 1995, ch 167, §181.
SD Codified L § 29A-5-115 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-115 - Payment or delivery to nonresident conservator or like fiduciary--Proof of appointment.

29A-5-115. Payment or delivery to nonresident conservator or like fiduciary--Proof of appointment.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 of the estate or like fiduciary appointed in another state upon presentation of proof of appointment and an affidavit stating that no conservatorship proceeding relating to the minor or protected person is pending in this state, and that the nonresident conservator or like fiduciary is entitled to payment or delivery. Source: SL 1993, ch 213, §15; SDCL 30-36-15; SL 1995, ch 167, §181.
SD Codified L § 29A-5-116 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-116 - Compensation of guardian, conservator, attorneys, and other appointed individuals.

29A-5-116. Compensation of guardian, conservator, attorneys, and other appointed individuals.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 compensation from the estate, including reimbursement for costs advanced. The court may also award reasonable compensation to any attorney whose services resulted in an order that was beneficial to the minor, the protected person, or the estate. Source: SL 1993, ch 213, §16; SDCL 30-36-16; SL 1995, ch 167, §181.
SD Codified L § 29A-5-117 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-117 - Appointment of attorney, guardian ad litem, or court representative.

29A-5-117. Appointment of attorney, guardian ad litem, or court representative.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.
SD Codified L § 29A-5-118 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-118 - Effect--Appointment--Guardian--Conservator--Minor--Protected Person.

29A-5-118. Effect--Appointment--Guardian--Conservator--Minor--Protected Person.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 the exception of the ability to create an agency and confer authority on another person to do any act that the protected person might do, pursuant to §59-2-1. Unless prior authorization of the court is first obtained, a guardian or conservator may not change the residence of the minor or protected person to another state, terminate or consent to a termination of the minor's or protected person's parental rights, initiate a change in the minor's or protected person's marital status, or revoke or amend a durable power of attorney of which the protected person is the principal, except as provided in §59-7-11. Source: SL 1993, ch 213, §18; SDCL §30-36-18; SL 1995, ch 167, §181; SL 2016, ch 120, §37; SL 2020, ch 214, § 53.
SD Codified L § 29A-5-119 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-119 - Training curricula for persons appointed as guardians and conservators.

29A-5-119. Training curricula for persons appointed as guardians and conservators. The State Bar of South Dakota shall prepare and approve training curricula for persons appointed as guardians and conservators. The training curricula shall include:(1)The rights of minors and protected persons under this chapter and under the laws of the United States generally;(2)The duties and responsibilities of guardians and conservators;(3)Reporting requirements;(4)Least restrictive options in the areas of housing, medical care, and psychiatric care; and(5)Resources to assist guardians and conservators in fulfilling their duties.Each person appointed by the court to be a guardian or conservator before July 1, 2021, shall complete the training curricula within four months after July 1, 2021. A person may not be appointed by the court as a guardian or conservator on or after July 1, 2021, until the person completes the training curricula. Source: SL 2016, ch 120, §38; SL 2021, ch 121, § 2.
SD Codified L § 29A-5-201 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-201 - Appointment of guardian or conservator of minor.

29A-5-201. Appointment of guardian or conservator of minor.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 status continues until terminated, without regard to the location of the guardian, the conservator, or the minor. Source: SL 1993, ch 213, §19; SDCL 30-36-19; SL 1995, ch 167, §181.
SD Codified L § 29A-5-202 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-202 - Nomination of guardian or conservator by minor or parent.

29A-5-202. Nomination of guardian or conservator by minor or parent.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 to act and would serve in the minor's best interests. However, no nomination by a minor may supersede a previous appointment by the court.A parent of an unmarried minor may nominate a guardian or conservator of the minor by will or other signed writing. Absent an effective nomination by the minor, the court may appoint a parental nominee if both parents are dead and the nominee is otherwise eligible to act and would serve in the minor's best interests. In the event that both parents have made nominations, the court shall select the nominee which it believes best qualified. A parental nomination shall be effective whether or not the minor was living at the time of the making of the will or other signed writing. However, no parental nomination may supersede a previous appointment by the court.Absent an effective nomination by a minor, age fourteen or older, or deceased parent, the court shall appoint as guardian or conservator the individual or entity that will act in the minor's best interests. In making that appointment, the court shall consider the proposed guardian's or conservator's geographic location, familial or other relationship with the minor, ability to carry out the powers and duties of the office, commitment to promoting the minor's welfare, any potential conflicts of interest, the recommendations of the parents or other interested relatives, and the wishes of the minor if the minor is of sufficient age to form an intelligent preference. The court may appoint more than one guardian or conservator and need not appoint the same individual or entity to serve as both guardian and conservator. Source: SL 1993, ch 213, §20; SDCL 30-36-20; SL 1995, ch 167, §181.
SD Codified L § 29A-5-203 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-203 - Who may file petition for appointment--Contents of petition.

29A-5-203. Who may file petition for appointment--Contents of petition.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 minor has nominated as guardian or conservator, or by any other interested person, including the department of human services or the department of social services.A petition for the appointment of a guardian, a conservator, or both, shall state the petitioner's name, place of residence, post office address, relationship to the minor, and shall, to the extent known as of the date of filing, state the following with respect to the minor and the relief requested:(1)The minor's name, date of birth, place of residence or location, and post office address;(2)The names and post office addresses of the minor's spouse, children, parents, and brothers and sisters, or if none, the minor's nearest known relatives who would be entitled to succeed to the minor'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 minor's care or custody;(4)The reasons why guardianship or conservatorship is requested and the interest of the petitioner in the appointment;(5)The name, post office address and, if the proposed guardian or conservator is an individual, the individual's age, occupation and relationship to the minor;(6)The name, post office address and, if the minor is age fourteen or older and has nominated a guardian or conservator who is an individual, the individual's age, occupation and relationship to the minor;(7)The name, post office address and, if a deceased parent has nominated a guardian or conservator who is an individual, the individual's age, occupation and relationship to the minor; and(8)The name and post office address of any guardian or conservator currently acting, whether in this state or elsewhere. Source: SL 1993, ch 213, §21; SDCL 30-36-21; SL 1995, ch 167, §181.
SD Codified L § 29A-5-204 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-204 - Notice of appointment hearing--Exception.

29A-5-204. Notice of appointment hearing--Exception.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 petition, and the petitioner shall mail a copy of the notice and petition to all entities and individuals age ten or older whose names and post office addresses appear in the petition. The court may order that no notice of hearing need be given if all persons entitled to notice waive notice of hearing and the court determines that it would be in the best interests of the minor and the minor's estate to proceed without notice. Source: SL 1993, ch 213, §22; SDCL 30-36-22; SL 1995, ch 167, §181; SL 1999, ch 146, §1.
SD Codified L § 29A-5-205 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-205 - Court appointment of attorney to protect minor's interest--Investigation by court-appointed representative.

29A-5-205. Court appointment of attorney to protect minor's interest--Investigation by court-appointed representative.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 the court shall order if it concludes that an appointment is necessary for a reasonably informed decision on the petition. Source: SL 1993, ch 213, §23; SDCL 30-36-23; SL 1995, ch 167, §181.
SD Codified L § 29A-5-206 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-206 - Filing of minor's financial statement.

29A-5-206. Filing of minor's financial statement.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 1993, ch 213, §24; SDCL 30-36-24; SL 1995, ch 167, §181; SL 2006, ch 153, §3.