reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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--Designated individual--Multiple appointments.

29A-5-304. Nomination of guardian or conservator by protected person--Appointment in absence of effective nomination--Designated individual--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. If a person alleged to be in need of protection has designated an individual to serve as guardian or conservator under a validly executed legal instrument, including a power of attorney, and the court does not appoint the designated individual, the court shall issue written findings of fact and conclusions of law as to why the designated individual was not appointed.
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; SL 2023, ch 95, §1.
2023 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.
2023 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.
2023 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.
2023 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.
In addition to any court-ordered evaluation, a person alleged to need protection who is contesting a petition may obtain an evaluation at the person's own expense to be completed by a licensed healthcare professional of the person's choice in accordance with §29A-5-306, which must be included in the file and considered by the court.
Source: SL 1993, ch 213, §37; SDCL 30-36-37; SL 1995, ch 167, §181; SL 2023, ch 95, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-403 - Annual report--Guardian of protected person--When filed.

29A-5-403. Annual report--Guardian of protected person--When filed.
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.
Within sixty days of the filing of the annual report, 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 if the same individual holds both appointments.
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; SL 2023, ch 95, §3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-408 - Annual accounting--Conservator--When filed.

29A-5-408. Annual accounting--Conservator--When filed.
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 sixty 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 if the same individual holds both appointments.
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; SL 2023, ch 95, §4.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.