reglab/housing_qa huggingface dataset:
SD Codified L § 29A-5-417 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-417 - Presumption of authority of guardian or conservator.

29A-5-417. Presumption of authority of guardian or conservator.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 knowledge of the representative capacity does not alone require an inquiry into the guardian's or conservator's authority, except that any such individual or entity shall be charged with knowledge of restrictions that may appear on the letters of guardianship or conservatorship. No individual or entity may be required to see to the proper application of any funds or property paid or delivered to a conservator. Source: SL 1993, ch 213, §60; SDCL 30-36-60; SL 1995, ch 167, §181.
SD Codified L § 29A-5-418 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-418 - Filing letters of conservatorship--Proper county--Constructive notice.

29A-5-418. Filing letters of conservatorship--Proper county--Constructive notice.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 conservator may, but need not, file and record the letters in other counties, and a guardian may, but need not, record the letters of guardianship in any county. A filing shall include an affidavit that designates the real estate owned by the minor or protected person and which contains a legal description. The filing and recording of a certified copy of the letters is constructive notice of the existence of the guardianship or conservatorship until the same is discharged by the like filing and recording of a certified copy of an order terminating the guardianship or conservatorship. Source: SL 1993, ch 213, §61; SDCL 30-36-61; SL 1995, ch 167, §181.
SD Codified L § 29A-5-419 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-419 - Court's authority to limit powers--Authorization sought by guardian or conservator.

29A-5-419. Court's authority to limit powers--Authorization sought by guardian or conservator.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 guardian or conservator. Nothing in this chapter prohibits a guardian or conservator from seeking court authorization, instructions, or ratification for any actions, proposed actions, or omissions to act. Source: SL 1993, ch 213, §62; SDCL 30-36-62; SL 1995, ch 167, §181.
SD Codified L § 29A-5-421 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-421 - Restriction of protected person's interaction with family prohibited--Exceptions.

29A-5-421. Restriction of protected person's interaction with family prohibited--Exceptions.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 authorized by a court order. For purposes of §§29A-5-421 to 29A-5-426, inclusive, other persons only includes the parents, children, and siblings of the protected person. Source: SL 2016, ch 150, §1.
SD Codified L § 29A-5-422 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-422 - Presumption of protected person's consent or refusal based on proof of relationship.

29A-5-422. Presumption of protected person's consent or refusal based on proof of relationship.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 interaction based on proof concerning the nature of the protected person's relationship with the other person. Source: SL 2016, ch 150, §2.
SD Codified L § 29A-5-423 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-423 - Court action to restrict interaction with family member.

29A-5-423. Court action to restrict interaction with family member.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.
SD Codified L § 29A-5-424 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-424 - Good cause factors for restricting interaction.

29A-5-424. Good cause factors for restricting interaction.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 factors:(1)Whether any protective order has been issued to protect the protected person from the other person;(2)Whether the other person has been charged with abuse, neglect, or financial exploitation of the protected person;(3)Whether the protected person has expressed a desire to communicate, visit, or interact with the other person or has expressed a desire not to communicate, visit, or interact with the other person;(4)If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the protected person with regard to the other person's communication, visitation, or interaction with the protected person; and(5)Any other factor deemed relevant by the court. Source: SL 2016, ch 150, §4.
SD Codified L § 29A-5-425 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-425 - Types of restrictions--Supervised interaction.

29A-5-425. Types of restrictions--Supervised interaction.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 person based on the history between the protected person and the other person or the protected person's wishes, or both;(2)Requiring that communication, visitation, or interaction between the protected person and the other person be supervised; or(3)Denying communication, visitation, or interaction between the protected person and the other person.If the court finds that the other person poses a threat to the protected person, the court may order supervised communication, visitation, or interaction pursuant to subdivision (2) before denying any communication, visitation, or interaction. Source: SL 2016, ch 150, §5.
SD Codified L § 29A-5-426 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-426 - Proceedings for violation of court order or abuse of discretion by guardian or conservator--Removal.

29A-5-426. Proceedings for violation of court order or abuse of discretion by guardian or conservator--Removal. 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.
SD Codified L § 29A-5-501 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-501 - Termination of guardian's or conservator's appointment--Liability for prior acts.

29A-5-501. Termination of guardian's or conservator's appointment--Liability for prior acts.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 for prior acts or the responsibility of a conservator to account for the minor's or protected person's estate. Source: SL 1993, ch 213, §64; SDCL 30-36-64; SL 1995, ch 167, §181.
SD Codified L § 29A-5-502 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-502 - Appointment of additional guardians or conservators--Successors.

29A-5-502. Appointment of additional guardians or conservators--Successors.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 office upon the termination of the predecessor's appointment, but shall be required to file the requisite acceptance of office and any required bond within sixty days. A successor guardian or conservator shall succeed to the powers and duties of the predecessor unless otherwise ordered by the court. Source: SL 1993, ch 213, §65; SDCL 30-36-65; SL 1995, ch 167, §§180, 181; SL 1999, ch 146, §3.
SD Codified L § 29A-5-503 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-503 - Petition to resign as guardian or conservator.

29A-5-503. Petition to resign as guardian or conservator.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.
SD Codified L § 29A-5-504 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-504 - Petition to remove guardian or conservator--Reasons for removal.

29A-5-504. Petition to remove guardian or conservator--Reasons for removal. 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 or innocent;(2)Has an incapacity or illness, including substance abuse, which affects fitness for office, or is adjudged to be a protected person in this or in any other jurisdiction;(3)Is convicted of a crime which reflects on fitness for office;(4)Wastes or mismanages the estate, unreasonably withholds distributions or makes distributions in a negligent or profligate manner, or otherwise abuses powers or fails to discharge duties;(5)Neglects the care and custody of the minor, the protected person or legal dependents;(6)Has an interest adverse to the faithful performance of duties such that there is a substantial risk that the guardian or conservator will fail to properly perform those duties;(7)Fails to file reports or accountings when required, or fails to comply with any order of court;(8)Acts in a manner that threatens the personal or financial security of a co-guardian or co-conservator or endangers the surety on the bond;(9)Fails to file sufficient bond after being ordered by the court to do so;(10)Avoids service of process or notice;(11)Becomes incapable of or unsuitable for the discharge of duties;(12)Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or(13)Fails to complete or timely complete the training curricula required pursuant to § 29A-5-119. Source: SL 1993, ch 213, §67; SDCL 30-36-67; SL 1995, ch 167, §181; SL 2021, ch 121, § 6.
SD Codified L § 29A-5-505 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-505 - Termination of guardianship or conservatorship upon minor's death or majority--Adoption or emancipation of minor.

29A-5-505. Termination of guardianship or conservatorship upon minor's death or majority--Adoption or emancipation of minor.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 upon the minor's adoption or emancipation, and the court may elect to continue a guardianship until the minor's attainment of age twenty-one if the guardian was appointed pursuant to the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C. Source: SL 1993, ch 213, §68; SDCL 30-36-68; SL 1995, ch 167, §181.
SD Codified L § 29A-5-506 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-506 - Termination of guardianship or conservatorship of minor when no longer needed--Investigation by court representative.

29A-5-506. Termination of guardianship or conservatorship of minor when no longer needed--Investigation by court representative.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 assistance or protection of a guardian or conservator or no suitable guardian or conservator can be secured. In making a determination under this section, the court may appoint a court representative to make such investigation as the court may order. Source: SL 1993, ch 213, §69; SDCL 30-36-69; SL 1995, ch 167, §181.
SD Codified L § 29A-5-507 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-507 - Termination of guardianship or conservatorship upon death of protected person.

29A-5-507. Termination of guardianship or conservatorship upon death of protected person.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.
SD Codified L § 29A-5-508 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-508 - Termination, revocation or modification of guardian or conservator--Modification of limited guardianship or limited conservatorship--Investigation by court representative--Records sealed.

29A-5-508. Termination, revocation or modification of guardian or conservator--Modification of limited guardianship or limited conservatorship--Investigation by court representative--Records sealed.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 assistance previously granted to a limited guardian or limited conservator. Such termination, revocation, or modification may be ordered if:(1)The protected person is no longer in need of the assistance or protection of a guardian or conservator;(2)The extent of protection, management, or assistance previously granted is either excessive or insufficient considering the current need therefor;(3)The protected person's understanding or capacity to manage the estate and financial affairs or to provide for health, care, or safety has so changed as to warrant such action; or(4)No suitable guardian or conservator can be secured who is willing to exercise the assigned duties.In making a determination under this section, the court may appoint an attorney for the protected person if the court determines that an appointment is necessary to protect the person's interests, may appoint a court representative to make such investigations as the court shall order, and may appoint one or more individuals that it deems qualified to make such evaluations as it shall determine appropriate. Such evaluations and the written report of the court representative shall be sealed upon filing and may not be made a part of the public record but shall be available to the court, to the protected person, to the guardian or conservator, to the petitioner, to the court representative, to their attorneys, and to such other individuals and entities as the court may order upon a showing of the need. Source: SL 1993, ch 213, §71; SDCL 30-36-71; SL 1995, ch 167, §181.
SD Codified L § 29A-5-509 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-509 - Hearing on petition to terminate, revoke, or modify--Jury--Duty of court.

29A-5-509. Hearing on petition to terminate, revoke, or modify--Jury--Duty of court.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 conservator shall attend the hearing except for good cause shown.The sole function of the jury, if requested, shall be to determine whether the protected person is no longer a person for whom a guardian or conservator may be appointed. All other questions of fact and the determination of the relief to be granted shall be for the court alone. The court may deny a request for a jury if a jury was empaneled on a previous petition to terminate, revoke, or modify and the court is reasonably satisfied that there has not been a substantial change of circumstances. Source: SL 1993, ch 213, §72; SDCL 30-36-72; SL 1995, ch 167, §181.
SD Codified L § 29A-5-510 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-510 - State as conservator of protected person--Distribution of assets upon death.

29A-5-510. State as conservator of protected person--Distribution of assets upon death.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 provide notice pursuant to §29A-5-410 and obtain court approval to pay the debts and distribute the assets of the protected person to the heirs and devisees of the protected person pursuant to chapter 29A-2. Source: SL 2010, ch 144, §1.
SD Codified L § 29A-5A-101 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-101 - Citation of chapter.

29A-5A-101. Citation of chapter.This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Source: SL 2011, ch 135, §101.
SD Codified L § 29A-5A-102 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-102 - Definitions.

29A-5A-102. Definitions.In this chapter:(1)"Adult" means an individual who has attained eighteen years of age.(2)"Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 29A-5.(3)"Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 29A-5, but excludes one who is merely a guardian ad litem.(4)"Guardianship order" means an order appointing a guardian, limited guardian, or temporary guardian.(5)"Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.(6)"Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.(7)"Person," except in the term, protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.(8)"Protected person" means an adult for whom a guardian or conservator has been appointed.(9)"Protective order" means an order appointing a conservator or other order related to management of an adult's property.(10)"Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.(11)"Provisional order" means a temporary, preliminary, or tentative order which must be finalized by a subsequent order.(12)"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(13)"Respondent" means an adult alleged to need protection for whom a protective order or the appointment of a guardian is sought.(14)"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. Source: SL 2011, ch 135, §102.
SD Codified L § 29A-5A-103 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-103 - International application of chapter.

29A-5A-103. International application of chapter.A court of this state may treat a foreign country as if it were a state for the purpose of applying §§29A-5A-101 to 29A-5A-302, inclusive, 29A-5A-501, and 29A-5A-502. Source: SL 2011, ch 135, §103.