reglab/housing_qa huggingface dataset:
SD Codified L § 29A-5A-104 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-104 - Communication between courts.

29A-5A-104. Communication between courts.(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. Source: SL 2011, ch 135, §104.
SD Codified L § 29A-5A-105 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-105 - Cooperation between courts.

29A-5A-105.Cooperation between courts.(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:(1)Hold an evidentiary hearing;(2)Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;(3)Order that an evaluation or assessment be made of the respondent;(4)Order any appropriate investigation of a person involved in a proceeding;(5)Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4);(6)Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the protected person;(7)Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F. R 160.103, as of January 1, 2011.(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. Source: SL 2011, ch 135, §105.
SD Codified L § 29A-5A-106 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-106 - Taking testimony in another state.

29A-5A-106. Taking testimony in another state.(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule. Source: SL 2011, ch 135, §106.
SD Codified L § 29A-5A-201 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-201 - Definitions--Significant connection factors.

29A-5A-201. Definitions--Significant connection factors.(a) In §§29A-5A-201 to 29A-5A-209, inclusive:(1)"Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.(2)"Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.(3)"Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.(b) In determining under §29A-5A-203 and subsection 29A-5A-301(e) whether a respondent has a significant connection with a particular state, the court shall consider:(1)The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;(2)The length of time the respondent at any time was physically present in the state and the duration of any absence;(3)The location of the respondent's property; and(4)The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, drivers license, social relationship, and receipt of services. Source: SL 2011, ch 135, §201.
SD Codified L § 29A-5A-202 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-202 - Exclusive basis.

29A-5A-202. Exclusive basis.Sections 29A-5A-201 to 29A-5A-209, inclusive, provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. Source: SL 2011, ch 135, §202.
SD Codified L § 29A-5A-203 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-203 - Jurisdiction.

29A-5A-203. Jurisdiction.A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:(1)This state is the respondent's home state;(2)On the date the petition is filed, this state is a significant-connection state and:(A)The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or(B)The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:(i)A petition for an appointment or order is not filed in the respondent's home state;(ii)An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and(iii)The court in this state concludes that it is an appropriate forum under the factors set forth in §29A-5A-206;(3)This state does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or(4)The requirements for special jurisdiction under §29A-5A-204 are met. Source: SL 2011, ch 135, §203.
SD Codified L § 29A-5A-204 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-204 - Special jurisdiction.

29A-5A-204. Special jurisdiction.(a) A court of this state lacking jurisdiction under §29A-5A-203 has special jurisdiction to do any of the following:(1)Appoint a temporary guardian pursuant to §29A-5-315 in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state unless extended by the court for up to an additional ninety days for good cause shown;(2)Issue a protective order with respect to real or tangible personal property located in this state;(3)Appoint a guardian or conservator for the protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to §29A-5A-301.(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. Source: SL 2011, ch 135, §204.
SD Codified L § 29A-5A-205 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-205 - Exclusive and continuing jurisdiction.

29A-5A-205. Exclusive and continuing jurisdiction.Except as otherwise provided in §29A-5A-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. Source: SL 2011, ch 135, §205.
SD Codified L § 29A-5A-206 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-206 - Appropriate forum.

29A-5A-206. Appropriate forum.(a) A court of this state having jurisdiction under §29A-5A-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:(1)Any expressed preference of the respondent;(2)Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;(3)The length of time the respondent was physically present in or was a legal resident of this or another state;(4)The distance of the respondent from the court in each state;(5)The financial circumstances of the respondent's estate;(6)The nature and location of the evidence;(7)The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;(8)The familiarity of the court of each state with the facts and issues in the proceeding; and(9)If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator. Source: SL 2011, ch 135, §206.
SD Codified L § 29A-5A-207 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-207 - Jurisdiction declined by reason of conduct.

29A-5A-207. Jurisdiction declined by reason of conduct.(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:(1)Decline to exercise jurisdiction;(2)Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or(3)Continue to exercise jurisdiction after considering:(A)The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;(B)Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection 29A-5A-206(c); and(C)Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of §29A-5A-203.(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter. Source: SL 2011, ch 135, §207.
SD Codified L § 29A-5A-208 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-208 - Notice of proceeding.

29A-5A-208. Notice of proceeding.If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state. Source: SL 2011, ch 135, §208.
SD Codified L § 29A-5A-209 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-209 - Proceedings in more than one state.

29A-5A-209. Proceedings in more than one state.Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under subsection 29A-5A-204(a)(1) or 29A-5A-204(a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:(1)If the court in this state has jurisdiction under §29A-5A-203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to §29A-5A-203 before the appointment or issuance of the order.(2)If the court in this state does not have jurisdiction under §29A-5A-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum. Source: SL 2011, ch 135, §209.
SD Codified L § 29A-5A-301 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-301 - Transfer of guardianship or conservatorship to another state.

29A-5A-301. Transfer of guardianship or conservatorship to another state.(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.(c) On the court's own motion or on request of the guardian or conservator, the protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:(1)The protected person is physically present in or is reasonably expected to move permanently to the other state;(2)An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and(3)Plans for care and services for the protected person in the other state are reasonable and sufficient.(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:(1)The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection 29A-5A-201(b);(2)An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and(3)Adequate arrangements will be made for management of the protected person's property.(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:(1)A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to §29A-5A-302; and(2)The documents required to terminate a guardianship or conservatorship in this state. Source: SL 2011, ch 135, §301.
SD Codified L § 29A-5A-401 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-401 - Registration of guardianship orders.

29A-5A-401. Registration of guardianship orders.If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. Source: SL 2011, ch 135, §401.
SD Codified L § 29A-5A-402 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-402 - Registration of protective orders.

29A-5A-402. Registration of protective orders.If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. Source: SL 2011, ch 135, §402.
SD Codified L § 29A-5A-403 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-403 - Effect of registration.

29A-5A-403. Effect of registration.(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order. Source: SL 2011, ch 135, §403.
SD Codified L § 29A-5A-501 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-501 - Uniformity of application and construction.

29A-5A-501. Uniformity of application and construction.In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2011, ch 135, §501.
SD Codified L § 29A-5A-502 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-502 - Relation to Electronic Signatures in Global and National Commerce Act.

29A-5A-502.Relation to Electronic Signatures in Global and National Commerce Act.This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S. C. Section 7003(b). Source: SL 2011, ch 135, §502.
SD Codified L § 29A-5A-503 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act|Section 29A-5A-503 - Transitional provision.

29A-5A-503. Transitional provision.(a) This chapter applies to guardianship and protective proceedings begun after June 30, 2011.(b) The provisions of §§29A-5A-101 to 29A-5A-106, inclusive, and 29A-5A-301 to 29A-5A-502, inclusive, apply to proceedings begun before July 1, 2011, regardless of whether a guardianship or protective order has been issued. Source: SL 2011, ch 135, §504.
SD Codified L § 29A-6-102 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-102 - Application to controversies between parties and between parties and P.O.D.

29A-6-102.Application to controversies between parties and between parties and P.O. D.The provisions of §§29A-6-103 to 29A-6-105, inclusive, concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of §§29A-6-108 to 29A-6-112, inclusive, govern the liability of financial institutions which make payments pursuant thereto, and their setoff rights. Source: SL 1987, ch 208, §2; SL 1991, ch 230, §1B; SDCL 30-23-44; SL 1995, ch 167, §172.