reglab/housing_qa huggingface dataset:
SD Codified L § 29A-5-315 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-315 - Temporary guardian or conservator of protected person.

29A-5-315. Temporary guardian or conservator of protected person.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 significant harm to the person alleged to need protection or the estate, and that no other individual or entity appears to have authority to act on behalf of the person or estate, or that the individual or entity with authority to act is unwilling or has ineffectively exercised the authority.A temporary guardian or conservator shall have only those powers and duties which are specifically set forth in the order of appointment. The appointment of a temporary guardian or conservator shall expire within ninety days unless extended by the court for up to an additional ninety days for good cause shown.An appointment of a temporary guardian or conservator shall be made upon such notice and subject to such conditions as the court may order, except that reasonable notice of hearing shall be given to the person alleged to need protection unless there is a showing that such delay may result in significant harm to the person or the estate.Within five days following an appointment, a temporary 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 that would be entitled to notice of hearing on a petition for a regular appointment. Source: SL 1993, ch 213, §43; SDCL 30-36-43; SL 1995, ch 167, §181.
SD Codified L § 29A-5-401 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-401 - Responsibility of guardian of minor--Authority with regard to guardian appointed under other chapters.

29A-5-401. Responsibility of guardian of minor--Authority with regard to guardian appointed under other chapters.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 sufficient contact with the minor to know of the minor's capabilities, limitations, needs, and opportunities. A guardian shall at all times act in the minor's best interests, shall exercise reasonable care, diligence and prudence, and shall report on the condition of the minor as ordered by the court.In the event that guardians of a minor have been appointed both under this chapter and under the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the guardian appointed under this chapter has no authority with respect to the powers delegated to the guardian appointed under chapters 26-7A, 26-8A, 26-8B, and 26-8C. Source: SL 1993, ch 213, §44; SDCL 30-36-44; SL 1995, ch 167, §181.
SD Codified L § 29A-5-402 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-402 - Responsibility of guardian of protected person.

29A-5-402. Responsibility of guardian of protected person.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 maintain sufficient contact with the protected person to know of the protected person's capabilities, limitations, needs, and opportunities.A guardian shall exercise authority only to the extent necessitated by the protected person's limitations, and if feasible, shall encourage the protected person to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage personal affairs. A guardian shall, to the extent known, consider the express desires and personal values of the protected person when making decisions, and shall otherwise act in the protected person's best interests and exercise reasonable care, diligence, and prudence. Source: SL 1993, ch 213, §45; SDCL 30-36-45; SL 1995, ch 167, §181.
SD Codified L § 29A-5-403 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-403 - Annual report of guardian of protected person.

29A-5-403. Annual report of guardian of protected person. 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; and(4)When the guardianship is terminated unless the court determines that there is then no need therefor.A guardian may elect to file a periodic report on a calendar-year basis. However, in no event may such a report cover a period of more than one year. A calendar-year report shall be filed with the court no later than April fifteenth of the succeeding year.A report shall briefly state:(1)The current mental, physical and social condition of the protected person;(2)The living arrangements during the reporting period;(3)The medical, educational, vocational and other professional services provided to the protected person and the guardian's opinion as to the adequacy of the protected person's care;(4)A summary of the guardian's visits with and activities on the protected person's behalf;(5)If the protected person is institutionalized, whether the guardian agrees with the current treatment or habilitation plan;(6)A recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship;(7)Any other information requested by the court or useful in the opinion of the guardian;(8)The compensation requested and the reasonable and necessary expenses incurred by the guardian; and(9)The date on which the guardian completed the training curricula required pursuant to § 29A-5-119.A guardian shall mail a copy of the report to the individuals and entities specified in §29A-5-410 no later than fourteen days following its filing.Any interested person may request a hearing on the report. The court may order the guardian to attend the hearing on the report on the court's own motion or on the petition of any interested person. A report of the guardian may be incorporated into and made a part of the accounting of the conservator. Source: SL 1993, ch 213, §46; SL 1994, ch 233, §3; SDCL 30-36-46; SL 1995, ch 167, §181; SL 2021, ch 121, § 3.
SD Codified L § 29A-5-404 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-404 - Responsibilities of minor's conservator.

29A-5-404. Responsibilities of minor's conservator.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 of any legal dependents who are unable to support themselves and who are in need of support.In making distributions, a conservator shall consider the size of the estate, the duration of the conservatorship, the minor's accustomed manner of living, other resources known to the conservator to be available, and the recommendations of the guardian or, if no guardian has been appointed, the recommendations of the parent or other individual with legal custody. A conservator shall at all times act in the minor's best interests and shall exercise reasonable care, diligence, and prudence. Source: SL 1993, ch 213, §47; SDCL 30-36-47; SL 1995, ch 167, §181.
SD Codified L § 29A-5-405 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-405 - Responsibilities of conservator of protected person.

29A-5-405. Responsibilities of conservator of protected person.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 conservator also shall apply the income and principal as needed for the support of any legal dependents who are unable to support themselves and who are in need of support.A conservator, when making distributions, shall exercise authority only to the extent necessitated by the protected person's limitations, and shall, if feasible, encourage the protected person to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage the estate and his financial affairs. A conservator shall also consider the size of the estate, the probable duration of the conservatorship, the protected person's accustomed manner of living, other resources known to the conservator to be available, and the recommendations of the guardian.A conservator shall, to the extent known, consider the express desires and personal values of the protected person when making decisions, and shall otherwise act in the protected person's best interests and exercise reasonable care, diligence, and prudence. Source: SL 1993, ch 213, §48; SDCL 30-36-48; SL 1995, ch 167, §181.
SD Codified L § 29A-5-406 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-406 - Protective arrangements for minors or protected persons.

29A-5-406. Protective arrangements for minors or protected persons.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, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of property; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; and the addition to or establishment of a suitable trust. Source: SL 1993, ch 213, §49; SDCL 30-36-49; SL 1995, ch 167, §181.
SD Codified L § 29A-5-407 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-407 - Inventory of minor's or protected person's real and personal estate.

29A-5-407. Inventory of minor's or protected person's real and personal estate.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 item of the estate, its approximate fair market value and the type and amount of encumbrance to which it is subject. If any real or personal estate comes into the possession or knowledge of the conservator which was not included in the inventory, the conservator may list such property in the next accounting required to be filed with the court.A conservator shall mail a copy of the inventory to the individuals and entities specified in §29A-5-410 no later than fourteen days following its filing. Source: SL 1993, ch 213, §50; SL 1994, ch 233, §4; SDCL 30-36-50; SL 1995, ch 167, §181.
SD Codified L § 29A-5-408 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-408 - Annual accounting of conservator.

29A-5-408. Annual accounting of conservator. 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)When the conservatorship is terminated.A conservator may elect to file a periodic accounting on a calendar-year basis. However, in no event may such an accounting cover a period of more than one year. A calendar-year report shall be filed with the court no later than April fifteenth of the succeeding year.An accounting shall include:(1)A listing of the receipts, disbursements, and distributions from the estate under the conservator's control during the period covered by the account;(2)A listing of the estate;(3)The services being provided to the protected person;(4)The significant actions taken by the conservator during the reporting period;(5)A recommendation as to the continued need for conservatorship and any recommended changes in the scope of the conservatorship;(6)Any other information requested by the court or useful in the opinion of the conservator;(7)The compensation requested and the reasonable and necessary expenses incurred by the conservator;(8)An annual inventory of any item of tangible personal property with a value of two thousand five hundred dollars or more which has come into the conservator's possession or knowledge for the minor or protected person; and(9)The date on which the conservator completed the training curricula required pursuant to § 29A-5-119.A conservator shall mail a copy of the accounting to the individuals and entities specified in §29A-5-410 no later than fourteen days following its filing. A conservator shall notify all persons receiving the accounting that they must present written objections within fourteen 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 order the conservator to attend the hearing on an account on the court's own motion or on the petition of any interested person. An accounting by a conservator may be incorporated into and made a part of the report of the guardian.Subject to written objection, appeal, or vacation within the time permitted, an order allowing an account of a conservator adjudicates as to liabilities concerning all matters disclosed in the account. Source: SL 1993, ch 213, §51; SL 1994, ch 233, §5; SDCL 30-36-51; SL 1995, ch 167, §181; SL 1998, ch 166, §1; SL 2000, ch 137, §1; SL 2021, ch 121, § 4.
SD Codified L § 29A-5-409 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-409 - Waiver of accounting requirements--Change in frequency of accountings.

29A-5-409. Waiver of accounting requirements--Change in frequency of accountings.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 benefit and protection afforded thereby to the minor or protected person.In determining whether accountings may be waived or presented less frequently than annually, the court shall consider:(1)The relationship of the conservator to the minor or protected person;(2)The value of the estate and annual gross income and other receipts within the conservator's control;(3)The amount of the bond;(4)The extent to which the estate has been deposited under an arrangement requiring an order of court for its removal;(5)The extent to which the income and receipts are payable directly to a facility responsible for the care or custody of the minor or protected person;(6)Whether a guardian has been appointed, and if so, whether the guardian has filed reports as required; and(7)Any other factors which the court deems appropriate.Upon the termination of a conservatorship, the court may, in addition, waive the requirement that a final accounting be filed if the individuals and entities entitled to the estate consent. Source: SL 1993, ch 213, §52; SL 1994, ch 233, §6; SDCL 30-36-52; SL 1995, ch 167, §181.
SD Codified L § 29A-5-410 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-410 - Notice of hearing on petition for order subsequent to appointment.

29A-5-410. Notice of hearing on petition for order subsequent to appointment.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, shall be mailed to the minor, if age ten or older, to the protected person, to their attorneys of record, if any, to the relatives of the minor or protected person who would then be entitled to notice of an original petition to appoint, to any facility that is responsible for the care or custody of the minor or protected person, to the guardian or conservator, if the guardian or conservator is not the petitioner, and to such other individuals or entities as the court may order. Unless otherwise ordered by the court, the notice shall be mailed at least fourteen days prior to the hearing and shall be accompanied by a copy of the petition or other document. A minor or protected person may not waive compliance with this section, and the court may not dispense with notice to a minor or protected person unless the minor or protected person is an absentee or the court is reasonably satisfied that such notice will likely cause significant harm to the minor or protected person and the court's finding is supported by a written report of a physician, psychiatrist or licensed psychologist. If deceased, notice to a minor or protected person shall be sent to his last known address or to his successors in interest. Source: SL 1993, ch 213, §53; SDCL 30-36-53; SL 1995, ch 167, §181.
SD Codified L § 29A-5-412 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-412 - Confirmation of sale of real estate.

29A-5-412. Confirmation of sale of real estate.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 in §29A-5-410. The written information shall contain a description of the property to be sold, the name of the purchaser, the sale price, the terms of payment, and the nature of the security if the payment of any portion of the purchase price is to be deferred. Source: SL 1993, ch 213, §55; SDCL 30-36-55; SL 1995, ch 167, §§178, 181.
SD Codified L § 29A-5-413 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-413 - Restrictions on conservator of minor or protected person.

29A-5-413. Restrictions on conservator of minor or protected person.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 protected person or the estate;(2)Borrow or loan funds to the minor, the protected person or the estate, except for reasonable advances without interest for the protection of the estate;(3)Compromise or otherwise modify a debt owed by the conservator to the minor, the protected person or the estate; or(4)Directly or indirectly purchase, lease or sell property or services from or to any entity of which the conservator or a relative of the conservator is an officer, director, shareholder, proprietor, or owns a significant financial interest.Any activity prohibited by this section is voidable upon petition of any interested person or on the court's own motion. This section does not limit any other remedies which may be available for a breach by the conservator or others of their duty of loyalty to the minor, the protected person, or the estate. Source: SL 1993, ch 213, §56; SDCL 30-36-56; SL 1995, ch 167, §181.
SD Codified L § 29A-5-414 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-414 - Liability of guardian for acts of minor or protected person.

29A-5-414. Liability of guardian for acts of minor or protected person.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, §181.
SD Codified L § 29A-5-415 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-415 - Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator.

29A-5-415. Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator.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 the contract.A conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally negligent.Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, or torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable.A successor conservator is not personally liable for the contracts or actions of a predecessor. However, a successor conservator is not immunized from liability for a breach of fiduciary duty committed by a predecessor if the successor learns of the breach and fails to take reasonable corrective action. Source: SL 1993, ch 213, §58; SDCL 30-36-58; SL 1995, ch 167, §181.
SD Codified L § 29A-5-416 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-416 - Multiple guardians--Majority concurrence.

29A-5-416. Multiple guardians--Majority concurrence.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, whether by court authorization or otherwise, does not immunize a guardian or conservator from liability for a breach of fiduciary duty committed by another guardian or conservator if the guardian or conservator participated in the breach, approved of, acquiesced in, or concealed the breach, negligently permitted the breach to occur, or had actual knowledge of the breach and failed to take reasonable corrective action. Source: SL 1993, ch 213, §59; SDCL 30-36-59; SL 1995, ch 167, §181.