reglab/housing_qa huggingface dataset:
SD Codified L § 29A-5-207 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-207 - Certain documents to be sealed--Available to certain persons.

29A-5-207. Certain documents to be sealed--Available to certain persons.The statement of financial resources, any written report of the court representative, and any accountings or inventories made by the guardian or conservator shall be sealed upon filing and shall not be made a part of the public record but shall be available to the court, to the minor, to the petitioner, to the court representative, to their attorneys, to abstractors or employees of abstractors licensed pursuant to chapter 36-13, to employees and agents of title insurance companies licensed pursuant to chapter 58-25, to attorneys who are licensed to practice law pursuant to chapter 16-16 and who are representing a relative of the minor within the third degree of kinship, to the spouse of the minor, to joint tenants of the minor, to any intestate heirs of the minor which relationship shall be established by sworn affidavit, and to such other interested persons as the court may order upon a showing of the need therefor. Source: SL 1993, ch 213, §25; SDCL 30-36-25; SL 1995, ch 167, §181; SL 1999, ch 146, §2.
SD Codified L § 29A-5-208 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-208 - Hearing--Convenience--Participants--Determination of appointment--Findings and conclusions.

29A-5-208. Hearing--Convenience--Participants--Determination of appointment--Findings and conclusions.The hearing on the petition to appoint a guardian or conservator shall be held at such convenient place as the court directs, including the place where the minor is located. The court may close the hearing to the public. The minor, if age ten or older, and the proposed guardian or conservator shall attend the hearing except for good cause shown. Any individual or entity may apply for permission to participate at the hearing, and the court shall grant the request if reasonably satisfied that the applicant's participation would be in the minor's best interests.The determination as to whether a guardian or conservator will be appointed is for the court alone to decide and may only be ordered if in the minor's best interests. In making that determination, the court shall consider the suitability of the proposed guardian or conservator, the minor's current or proposed living arrangements, the extent to which the minor has money or other property requiring management or protection, the availability of less restrictive alternatives, the extent to which it is necessary to protect the minor from neglect, exploitation, or abuse, and if applicable, the minor's need for habilitation or therapeutic treatment.The court shall make findings of fact and conclusions of law in support of any orders entered at the hearing if requested by the minor, by the minor's attorney, or by any other interested person.Upon the filing of an acceptance of office and any required bond, letters of guardianship, conservatorship, or both, shall issue. Source: SL 1993, ch 213, §26; SDCL 30-36-26; SL 1995, ch 167, §181.
SD Codified L § 29A-5-209 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-209 - Mailing copy of appointment order.

29A-5-209. Mailing copy of appointment order.The guardian or conservator shall mail a copy of the order of appointment within fourteen days following its entry to the minor, if age ten or older, and to all individuals and entities given notice of the petition. Source: SL 1993, ch 213, §27; SDCL 30-36-27; SL 1995, ch 167, §181.
SD Codified L § 29A-5-210 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-210 - Appointment of temporary guardian or conservator.

29A-5-210. Appointment of temporary guardian or conservator.The court may appoint a temporary guardian or conservator, or both, under this section and §§29A-5-201 to 29A-5-209, inclusive, upon a showing that an immediate need exists and that an appointment would be in the minor's best interests.A temporary guardian or conservator shall have only those powers and duties which are specifically set forth in the order of appointment, and in no event may a temporary guardian or conservator be appointed for more than six months.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 minor, if age ten or older, unless there is a showing that such delay would not be in the minor's best interests.A temporary guardian or conservator shall mail a copy of the order of appointment within five days following its entry to the minor, if age ten or older, 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, §28; SDCL 30-36-28; SL 1995, ch 167, §181.
SD Codified L § 29A-5-301 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-301 - Appointment of guardian or conservator of protected person.

29A-5-301. Appointment of guardian or conservator of protected person.A guardian or conservator of a protected person may be appointed upon petition, the filing of an evaluation report and statement of financial resources, and after notice and hearing as provided in this section and §§29A-5-302 to 29A-5-315, inclusive. Upon an appointment, the guardianship or conservatorship status continues until terminated, without regard to the location of the guardian, the conservator, or the protected person. Source: SL 1993, ch 213, §29; SDCL 30-36-29; SDCL 30-36-29; SL 1995, ch 167, §181.
SD Codified L § 29A-5-302 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-302 - Appointment of guardian where capacity lacking to meet requirements for health, care, safety, habilitation, or therapeutic needs.

29A-5-302. Appointment of guardian where capacity lacking to meet requirements for health, care, safety, habilitation, or therapeutic needs.A guardian may be appointed for an individual whose ability to respond to people, events, and environments is impaired to such an extent that the individual lacks the capacity to meet the essential requirements for his health, care, safety, habilitation, or therapeutic needs without the assistance or protection of a guardian. A guardian for a minor may be appointed under this part if the minor meets the requirements of this section without regard to age and the minor's need for guardianship will likely continue into his adult years. Source: SL 1993, ch 213, §30; SDCL 30-36-30; SL 1995, ch 167, §181.
SD Codified L § 29A-5-303 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-303 - Persons for whom conservator may be appointed.

29A-5-303. Persons for whom conservator may be appointed.A conservator may be appointed for an individual whose ability to respond to people, events and environments is impaired to such an extent that the individual lacks the capacity to manage property or financial affairs or to provide for his support or the support of legal dependents without the assistance or protection of a conservator. A conservator may be appointed for an absentee whose estate or financial affairs require the attention, supervision and care of a conservator. A conservator for a minor may be appointed under this part if the minor meets the requirements of this section without regard to age and the minor's need for conservatorship will likely continue into his adult years. Source: SL 1993, ch 213, §31; SDCL 30-36-31; SL 1995, ch 167, §181.
SD Codified L § 29A-5-304 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-304 - Nomination of guardian or conservator by protected person--Appointment in absence of effective nomination--Multiple appointments.

29A-5-304. Nomination of guardian or conservator by protected person--Appointment in absence of effective nomination--Multiple appointments.Any individual who has sufficient capacity to form a preference may at any time nominate any individual or entity to act as his guardian or conservator. The nomination may be made in writing, by an oral request to the court, or may be proved by any other competent evidence. The court shall appoint the individual or entity so nominated if the nominee is otherwise eligible to act and would serve in the best interests of the protected person.In the absence of an effective nomination by the protected person, the court shall appoint as guardian or conservator the individual or entity that will act in the protected person'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 protected person, ability to carry out the powers and duties of the office, commitment to promoting the protected person's welfare, any potential conflicts of interest, and the recommendations of the spouse, the parents or other interested relatives, whether made by will or otherwise. 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, §32; SDCL 30-36-32; SL 1995, ch 167, §181.
SD Codified L § 29A-5-306 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-306 - Report to be included with petition--Contents.

29A-5-306. Report to be included with petition--Contents.The petition shall include a report evaluating the condition of the person alleged to need protection which shall contain, to the best information and belief of its signatories:(1)A description of the nature, type, and extent of the person's incapacity, including the person's specific cognitive and functional limitations;(2)Evaluations of the person's mental and physical condition and, where appropriate, educational condition, adaptive behavior, and social skills;(3)If the appointment of a guardian is requested, a description of the services, if any, currently being provided for the person's health, care, safety, habilitation, or therapeutic needs and a recommendation as to the most suitable living arrangement and, if appropriate, treatment or habilitation plan and the reasons therefor;(4)If the appointment of a conservator is requested, a description of the services, if any, currently being provided for the management of the person's estate and financial affairs;(5)An opinion as to whether the appointment of a guardian or conservator is necessary, the type and scope of the guardianship or conservatorship needed, and the reasons therefor;(6)If the petition states that the incapacity of the person alleged to need protection will prevent attendance at the hearing, an opinion as to whether such attendance would be detrimental to the person's health, care or safety;(7)A statement as to whether the person alleged to need protection is on any medications that may affect the person's actions, demeanor and participation at the hearing;(8)The signature of a physician, psychiatrist or licensed psychologist, and the signatures of any other individuals who made substantial contributions toward the report's preparation; and(9)The date of any assessment or examination upon which the report is based and if any of the assessments or examinations were performed more than three months prior to the date of the filing of the petition, a statement by a physician, psychiatrist or licensed psychologist that there has been no material change in the condition of the person alleged to need protection since the dates that such assessments or examinations were performed.The court, for good cause shown, may grant leave to file the petition without an evaluation report. If such leave is granted, the court shall order the appropriate assessments or examinations and shall order that a report be prepared and filed with the court.No evaluation report need be prepared if the petition has been brought on the basis that the person alleged to need protection is an absentee. Source: SL 1993, ch 213, §34; SDCL 30-36-34; SL 1995, ch 167, §181.
SD Codified L § 29A-5-307 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-307 - Filing financial statement of protected person.

29A-5-307. Filing financial statement of protected person.Prior to the hearing on the petition, the petitioner shall file a statement of the financial resources of the person alleged to need protection which shall, to the extent known, list the approximate value of the real and personal estate and the anticipated annual gross income and other receipts. Source: SL 1993, ch 213, §35; SDCL 30-36-35; SL 1995, ch 167, §181; SL 2006, ch 153, §4.
SD Codified L § 29A-5-308 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-308 - Notice of hearing for protected person.

29A-5-308. Notice of hearing for protected person.Upon the filing of the petition and evaluation report, the court shall promptly issue a notice fixing the date, hour, and location for a hearing to take place within sixty days.The person alleged to need protection shall be personally served with the notice, a copy of the petition, and the evaluation report not less than fourteen days before the hearing. The person alleged to need protection may not waive notice, and a failure to properly notify the person alleged to need protection shall be jurisdictional.A copy of the notice, together with a copy of the petition, shall be mailed by the petitioner at least fourteen days before the hearing to all entities and individuals age ten or older whose names and post office addresses appear in the petition.The notice shall include a brief statement of the nature, purpose, and legal effect of the appointment of a guardian or conservator, and shall inform the person alleged to need protection of the right to appear at the hearing and to object to the proposed appointment.If the basis of the petition is that the person alleged to need protection is an absentee, at least fourteen days before the hearing the petitioner shall mail a copy of the notice and petition to the alleged absentee at his or her last known post office address. The petitioner shall also publish a copy of the notice at least once a week for three consecutive weeks in a legal newspaper in the county in which the proceeding is pending, the last publication to occur at least ten days before the hearing. Source: SL 1993, ch 213, §36; SDCL 30-36-36; SL 1995, ch 167, §181.
SD Codified L § 29A-5-309 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-309 - Contest of appointment by protected person.

29A-5-309. Contest of appointment by protected person.The court shall appoint an attorney for the person alleged to need protection, either upon the filing of the petition or at any time thereafter, if requested by the person alleged to need protection, if the person expresses a desire to contest the petition, or if the court determines that an appointment is otherwise needed to protect the person's interests. In appointing an attorney, the court shall consider any known preferences of the person alleged to need protection.If the person alleged to need protection is not or will not be represented by an attorney, the court shall either appoint a court representative to make an investigation and recommendation concerning the relief requested in the petition, or shall order the person alleged to need protection to attend the hearing on the petition.If the basis of the petition is that the person alleged to need protection is an absentee, the court shall appoint an attorney if the court determines that an appointment is needed to protect the person's interests, but the court need not appoint a court representative or order attendance at the hearing. Source: SL 1993, ch 213, §37; SDCL 30-36-37; SL 1995, ch 167, §181.
SD Codified L § 29A-5-310 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-310 - Duties of court representative.

29A-5-310. Duties of court representative.Except to the extent excused by the court for good cause shown, the court representative shall interview the petitioner and the proposed guardian or conservator, shall visit the person alleged to need protection at the place where the person is located, shall orally explain the contents of the notice and petition to the person alleged to need protection and record his response, and shall ascertain whether the person alleged to need protection desires and is able to attend the hearing on the petition. The court representative shall make a recommendation to the court concerning the relief requested in the petition and shall submit a written report unless the court otherwise orders. Source: SL 1993, ch 213, §38; SDCL 30-36-38; SL 1995, ch 167, §181; SL 2000, ch 136, §1.
SD Codified L § 29A-5-311 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-311 - Protected person's pre-hearing record sealed.

29A-5-311. Protected person's pre-hearing record sealed.The evaluation report, statement of financial resources, and written report of the court representative shall be sealed upon filing and may not be made a part of the public record of the proceeding but shall be available to the court, to the person alleged to need protection, to the petitioner, to the court representative, to their attorneys, and to such other interested persons as the court may order upon a showing of the need. Source: SL 1993, ch 213, §39; SDCL 30-36-39; SL 1995, ch 167, §181.
SD Codified L § 29A-5-312 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-312 - Hearing for alleged person in need of protection--Duty of jury--Duty of court.

29A-5-312. Hearing for alleged person in need of protection--Duty of jury--Duty of court.The hearing on the petition to appoint a guardian or conservator may be held at such convenient place as the court directs, including the place where the person alleged to need protection is located. The hearing may be closed to the public on the request of the person alleged to need protection, the person's attorney, or on the court's own motion. The proposed guardian or conservator shall attend the hearing except for good cause shown. Any individual or entity may apply for permission to participate at the hearing, and the court shall grant the request if reasonably satisfied that the applicant's participation would be in the best interests of the person alleged to need protection.The person alleged to need protection is entitled to attend the hearing, to oppose the petition, to be represented by an attorney of his own choice, to demand a jury trial, to present evidence, to compel the attendance of witnesses and to confront and cross-examine all witnesses. If present at the hearing and if not represented by an attorney, the court shall orally inform the person alleged to need protection of these rights, of the contents of the petition, and of the nature, purpose, and legal effect of the appointment of a guardian or conservator.The sole responsibility of the jury, if requested, shall be to determine whether the person alleged to need protection is a person for whom a guardian or conservator may be appointed. The standard of proof to be applied in determining whether the person alleged to need protection is a person for whom a guardian or conservator may be appointed shall be that of clear and convincing evidence.The determination as to whether a guardian or conservator will be appointed, the type thereof, and the specific areas of protection, management and assistance to be granted, shall be for the court alone to decide. In making that determination, the court shall consider the suitability of the proposed guardian or conservator, the limitations of the person alleged to need protection, the development of the person's maximum feasible self-reliance and independence, the availability of less restrictive alternatives, and the extent to which it is necessary to protect the person from neglect, exploitation, or abuse.The court shall make findings of fact and conclusions of law in support of any orders entered at the hearing if requested by the person alleged to need protection, by the person's attorney, or by any other interested person. Source: SL 1993, ch 213, §40; SDCL 30-36-40; SL 1995, ch 167, §181.
SD Codified L § 29A-5-313 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-313 - Mailing appointment order to protected person.

29A-5-313. Mailing appointment order to protected person.Within fourteen days following an appointment, the guardian or conservator shall mail a copy of the order of appointment, together with a brief statement of rights to seek termination or modification, to the protected person and to all individuals and entities given notice of the petition. Source: SL 1993, ch 213, §41; SDCL 30-36-41; SL 1995, ch 167, §181.
SD Codified L § 29A-5-314 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 05 - South Dakota Guardianship And Conservatorship Act|Section 29A-5-314 - Issuing letter of guardianship or conservatorship.

29A-5-314. Issuing letter of guardianship or conservatorship.Upon the filing of an acceptance of office and any required bond, letters of guardianship, conservatorship, or both, shall issue. Letters issued to a limited guardian shall list the specific areas of protection or assistance granted to said guardian and letters issued to a limited conservator shall list the specific areas of management and assistance granted to said conservator. Source: SL 1993, ch 213, §42; SDCL 30-36-42; SL 1995, ch 167, §181.