reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-419 - Court's authority to limit powers--Authorization sought by guardian or conservator.

29A-5-419. Court's authority to limit powers--Authorization sought by guardian or conservator.
Nothing in this chapter prohibits the court from limiting the powers which may otherwise be exercised by a guardian or conservator without prior court authorization, from authorizing transactions which might otherwise be prohibited, nor from granting additional powers to a guardian or conservator. Nothing in this chapter prohibits a guardian or conservator from seeking court authorization, instructions, or ratification for any actions, proposed actions, or omissions to act.
Source:
SL 1993, ch 213, §62; SDCL 30-36-62; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-421 - Restriction of protected person's interaction with family prohibited--Exceptions.

29A-5-421. Restriction of protected person's interaction with family prohibited--Exceptions.
Except as described in §29A-5-422, a guardian or conservator may not restrict a protected person's right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail, unless the restriction is authorized by a court order. For purposes of §§29A-5-421 to 29A-5-426, inclusive, other persons only includes the parents, children, and siblings of the protected person.
Source:
SL 2016, ch 150, §1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-422 - Presumption of protected person's consent or refusal based on proof of relationship.

29A-5-422. Presumption of protected person's consent or refusal based on proof of relationship.
If a protected person is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the guardian or conservator may presume the protected person's consent to or refusal of the communication, visitation, or interaction based on proof concerning the nature of the protected person's relationship with the other person.
Source:
SL 2016, ch 150, §2.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-423 - Court action to restrict interaction with family member.

29A-5-423. Court action to restrict interaction with family member.
With good cause, a guardian or conservator may move the court to restrict the other person's ability to communicate, visit, or interact with a protected person.
Source:
SL 2016, ch 150, §3.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-424 - Good cause factors for restricting interaction.

29A-5-424. Good cause factors for restricting interaction.
A court may issue an order restricting the communications, visitations, or interactions that the other person may have with a protected person upon a showing of good cause by a guardian or conservator. In determining whether to issue an order, a court shall consider the following factors:
(1)Whether any protective order has been issued to protect the protected person from the other person;
(2)Whether the other person has been charged with abuse, neglect, or financial exploitation of the protected person;
(3)Whether the protected person has expressed a desire to communicate, visit, or interact with the other person or has expressed a desire not to communicate, visit, or interact with the other person;
(4)If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the protected person with regard to the other person's communication, visitation, or interaction with the protected person; and
(5)Any other factor deemed relevant by the court.
Source:
SL 2016, ch 150, §4.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-425 - Types of restrictions--Supervised interaction.

29A-5-425. Types of restrictions--Supervised interaction.
Before issuing an order pursuant to §29A-5-424, the court shall consider imposing the following restrictions in the order listed:
(1)Placing reasonable time, manner, or place restrictions on communication, visitation, or interaction between the protected person and the other person based on the history between the protected person and the other person or the protected person's wishes, or both;
(2)Requiring that communication, visitation, or interaction between the protected person and the other person be supervised; or
(3)Denying communication, visitation, or interaction between the protected person and the other person.
If the court finds that the other person poses a threat to the protected person, the court may order supervised communication, visitation, or interaction pursuant to subdivision (2) before denying any communication, visitation, or interaction.
Source:
SL 2016, ch 150, §5.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-426 - Proceedings for violation of court order or abuse of discretion by guardian or conservator--Removal.

29A-5-426. Proceedings for violation of court order or abuse of discretion by guardian or conservator--Removal.
If any person, including the protected person, reasonably believes that a guardian or conservator has violated a court order or abused the guardian's or conservator's discretion in applying §29A-5-422, the person may move the court to:
(1)Require the guardian or conservator to grant a person access to the protected person;
(2)Restrict, or further restrict, a person's access to the protected person;
(3)Modify the guardian or conservator's duties; or
(4)Remove the guardian or conservator pursuant to this chapter.
A guardian or conservator who knowingly isolates a protected person and has violated §§29A-5-421 to 29A-5-426, inclusive, or an order issued pursuant to §§29A-5-421 to 29A-5-426, inclusive, is subject to removal pursuant to this chapter.
A person appointed to a guardian or conservator prior to July 1, 2021, who fails to complete or timely complete the training curricula required pursuant to § 29A-5-119 is subject to removal pursuant to this chapter.
Source:
SL 2016, ch 150, §6; SL 2021, ch 121, § 5.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-427 - Interested party--Access to medical and financial records.

29A-5-427. Interested party--Access to medical and financial records.
The court must grant an interested person access to some or all of a protected person's medical or financial records if, on the motion of the interested person, the court finds access is in the best interest of the protected person. If the court does not grant access, the court must issue written findings of fact and conclusions of law as to why the medical or financial records access was not granted.
Source: SL 2023, ch 95, §5.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-428 - Protected person--Alleged abuse, neglect, or self-dealing by the guardian or conservator.

29A-5-428. Protected person--Alleged abuse, neglect, or self-dealing by the guardian or conservator.
If the court receives any verbal or written communication from a protected person alleging that a guardian or conservator is abusing or neglecting the protected person or is engaging in self-dealing with respect to the protected person's property, or the guardianship or conservatorship is no longer necessary and should be terminated, and the communication contains credible and substantial evidence, which in context of the entire record, supports the allegation, the court must treat the communication as a petition under §29A-5-504.
Source: SL 2023, ch 95, §6.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-501 - Termination of guardian's or conservator's appointment--Liability for prior acts.

29A-5-501. Termination of guardian's or conservator's appointment--Liability for prior acts.
A guardian's or conservator's appointment terminates upon the death, resignation or removal of the guardian or conservator or upon the termination of the guardianship or conservatorship. A termination of an appointment does not affect the liability of a guardian or conservator for prior acts or the responsibility of a conservator to account for the minor's or protected person's estate.
Source:
SL 1993, ch 213, §64; SDCL 30-36-64; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-502 - Appointment of additional guardians or conservators--Successors.

29A-5-502. Appointment of additional guardians or conservators--Successors.
The court may appoint additional guardians or conservators and may appoint a successor guardian or conservator either prior to or at the time of a vacancy. A successor guardian or conservator appointed prior to a vacancy shall be immediately empowered to assume the duties of office upon the termination of the predecessor's appointment, but shall be required to file the requisite acceptance of office and any required bond within sixty days. A successor guardian or conservator shall succeed to the powers and duties of the predecessor unless otherwise ordered by the court.
Source:
SL 1993, ch 213, §65; SDCL 30-36-65; SL 1995, ch 167, §§180, 181; SL 1999, ch 146, §3.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-503 - Petition to resign as guardian or conservator.

29A-5-503. Petition to resign as guardian or conservator.
A guardian or conservator may petition the court for permission to resign. Except for good cause shown, the court may not grant permission unless there is a suitable successor willing to act.
Source:
SL 1993, ch 213, §66; SDCL 30-36-66; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-504 - Petition to remove guardian or conservator--Reasons for removal.

29A-5-504. Petition to remove guardian or conservator--Reasons for removal.
Upon petition by any interested person or on the court's own motion, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator:
(1)Is acting under letters secured by material misrepresentation or mistake, whether fraudulent or innocent;
(2)Has an incapacity or illness, including substance abuse, which affects fitness for office, or is adjudged to be a protected person in this or in any other jurisdiction;
(3)Is convicted of a crime which reflects on fitness for office;
(4)Wastes or mismanages the estate, unreasonably withholds distributions or makes distributions in a negligent or profligate manner, or otherwise abuses powers or fails to discharge duties;
(5)Neglects the care and custody of the minor, the protected person or legal dependents;
(6)Has an interest adverse to the faithful performance of duties such that there is a substantial risk that the guardian or conservator will fail to properly perform those duties;
(7)Fails to file reports or accountings when required, or fails to comply with any order of court;
(8)Acts in a manner that threatens the personal or financial security of a co-guardian or co-conservator or endangers the surety on the bond;
(9)Fails to file sufficient bond after being ordered by the court to do so;
(10)Avoids service of process or notice;
(11)Becomes incapable of or unsuitable for the discharge of duties;
(12)Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or
(13)Fails to complete or timely complete the training curricula required pursuant to § 29A-5-119.
Source:
SL 1993, ch 213, §67; SDCL 30-36-67; SL 1995, ch 167, §181; SL 2021, ch 121, § 6.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-505 - Termination of guardianship or conservatorship upon minor's death or majority--Adoption or emancipation of minor.

29A-5-505. Termination of guardianship or conservatorship upon minor's death or majority--Adoption or emancipation of minor.
A guardianship or conservatorship of a minor shall terminate upon the minor's death or attainment of majority, if jurisdiction is transferred to another state, or if ordered by the court following a hearing thereon. A guardianship, but not a conservatorship, shall also terminate upon the minor's adoption or emancipation, and the court may elect to continue a guardianship until the minor's attainment of age twenty-one if the guardian was appointed pursuant to the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C.
Source:
SL 1993, ch 213, §68; SDCL 30-36-68; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-506 - Termination of guardianship or conservatorship of minor when no longer needed--Investigation by court representative.

29A-5-506. Termination of guardianship or conservatorship of minor when no longer needed--Investigation by court representative.
Upon the filing of a petition by the minor, by the guardian or conservator, by any other interested person, or on the court's own motion, the court may terminate the guardianship, the conservatorship, or both, if the court determines that the minor is no longer in need of the assistance or protection of a guardian or conservator or no suitable guardian or conservator can be secured. In making a determination under this section, the court may appoint a court representative to make such investigation as the court may order.
Source:
SL 1993, ch 213, §69; SDCL 30-36-69; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-507 - Termination of guardianship or conservatorship upon death of protected person.

29A-5-507. Termination of guardianship or conservatorship upon death of protected person.
A guardianship or conservatorship of a protected person shall terminate upon the death of the protected person, if jurisdiction is transferred to another state, or if ordered by the court following a hearing.
Source:
SL 1993, ch 213, §70; SDCL 30-36-70; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-508 - Termination, revocation or modification of guardian or conservator--Modification of limited guardianship or limited conservatorship--Investigation by court representative--Records sealed.

29A-5-508. Termination, revocation or modification of guardian or conservator--Modification of limited guardianship or limited conservatorship--Investigation by court representative--Records sealed.
Upon petition by the protected person, by the guardian or conservator, by any other interested person, or on the court's own motion, the court may terminate a guardianship, conservatorship, or both, or modify the type of appointment or the areas of protection, management, or assistance previously granted to a limited guardian or limited conservator. Such termination, revocation, or modification may be ordered if:
(1)The protected person is no longer in need of the assistance or protection of a guardian or conservator;
(2)The extent of protection, management, or assistance previously granted is either excessive or insufficient considering the current need therefor;
(3)The protected person's understanding or capacity to manage the estate and financial affairs or to provide for health, care, or safety has so changed as to warrant such action; or
(4)No suitable guardian or conservator can be secured who is willing to exercise the assigned duties.
In making a determination under this section, the court may appoint an attorney for the protected person if the court determines that an appointment is necessary to protect the person's interests, may appoint a court representative to make such investigations as the court shall order, and may appoint one or more individuals that it deems qualified to make such evaluations as it shall determine appropriate. Such evaluations and the written report of the court representative shall be sealed upon filing and may not be made a part of the public record but shall be available to the court, to the protected person, to the guardian or conservator, to the petitioner, to the court representative, to their attorneys, and to such other individuals and entities as the court may order upon a showing of the need.
Source:
SL 1993, ch 213, §71; SDCL 30-36-71; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-509 - Hearing on petition to terminate, revoke, or modify--Jury--Duty of court.

29A-5-509. Hearing on petition to terminate, revoke, or modify--Jury--Duty of court.
A hearing on a petition to terminate, revoke, or modify shall be conducted in the same manner and the protected person shall have the same rights as would obtain at a hearing on a petition for the appointment of a guardian or conservator. The protected person and the guardian or conservator shall attend the hearing except for good cause shown.
The sole function of the jury, if requested, shall be to determine whether the protected person is no longer a person for whom a guardian or conservator may be appointed. All other questions of fact and the determination of the relief to be granted shall be for the court alone. The court may deny a request for a jury if a jury was empaneled on a previous petition to terminate, revoke, or modify and the court is reasonably satisfied that there has not been a substantial change of circumstances.
Source:
SL 1993, ch 213, §72; SDCL 30-36-72; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-510 - State as conservator of protected person--Distribution of assets upon death.

29A-5-510. State as conservator of protected person--Distribution of assets upon death.
Notwithstanding any other statutory provision to the contrary, if the State of South Dakota is the conservator of a protected person and if the assets of the conservatorship are less than two thousand dollars, upon the death of the protected person, the conservator may elect to provide notice pursuant to §29A-5-410 and obtain court approval to pay the debts and distribute the assets of the protected person to the heirs and devisees of the protected person pursuant to chapter 29A-2.
Source:
SL 2010, ch 144, §1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-101 - Citation of chapter.

29A-5A-101. Citation of chapter.
This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
Source:
SL 2011, ch 135, §101.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-102 - Definitions.

29A-5A-102. Definitions.
In this chapter:
(1)"Adult" means an individual who has attained eighteen years of age.
(2)"Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 29A-5.
(3)"Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 29A-5, but excludes one who is merely a guardian ad litem.
(4)"Guardianship order" means an order appointing a guardian, limited guardian, or temporary guardian.
(5)"Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6)"Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(7)"Person," except in the term, protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8)"Protected person" means an adult for whom a guardian or conservator has been appointed.
(9)"Protective order" means an order appointing a conservator or other order related to management of an adult's property.
(10)"Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(11)"Provisional order" means a temporary, preliminary, or tentative order which must be finalized by a subsequent order.
(12)"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13)"Respondent" means an adult alleged to need protection for whom a protective order or the appointment of a guardian is sought.
(14)"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
Source:
SL 2011, ch 135, §102.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-103 - International application of chapter.

29A-5A-103. International application of chapter.
A court of this state may treat a foreign country as if it were a state for the purpose of applying §§29A-5A-101 to 29A-5A-302, inclusive, 29A-5A-501, and 29A-5A-502.
Source:
SL 2011, ch 135, §103.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-104 - Communication between courts.

29A-5A-104. Communication between courts.
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
Source:
SL 2011, ch 135, §104.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-105 - Cooperation between courts.

29A-5A-105.Cooperation between courts.
(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1)Hold an evidentiary hearing;
(2)Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3)Order that an evaluation or assessment be made of the respondent;
(4)Order any appropriate investigation of a person involved in a proceeding;
(5)Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4);
(6)Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the protected person;
(7)Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F. R 160.103, as of January 1, 2011.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Source:
SL 2011, ch 135, §105.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-106 - Taking testimony in another state.

29A-5A-106. Taking testimony in another state.
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Source:
SL 2011, ch 135, §106.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-201 - Definitions--Significant connection factors.

29A-5A-201. Definitions--Significant connection factors.
(a) In §§29A-5A-201 to 29A-5A-209, inclusive:
(1)"Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
(2)"Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(3)"Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under §29A-5A-203 and subsection 29A-5A-301(e) whether a respondent has a significant connection with a particular state, the court shall consider:
(1)The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2)The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3)The location of the respondent's property; and
(4)The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, drivers license, social relationship, and receipt of services.
Source:
SL 2011, ch 135, §201.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-202 - Exclusive basis.

29A-5A-202. Exclusive basis.
Sections 29A-5A-201 to 29A-5A-209, inclusive, provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
Source:
SL 2011, ch 135, §202.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-203 - Jurisdiction.

29A-5A-203. Jurisdiction.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1)This state is the respondent's home state;
(2)On the date the petition is filed, this state is a significant-connection state and:
(A)The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B)The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i)A petition for an appointment or order is not filed in the respondent's home state;
(ii)An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii)The court in this state concludes that it is an appropriate forum under the factors set forth in §29A-5A-206;
(3)This state does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4)The requirements for special jurisdiction under §29A-5A-204 are met.
Source:
SL 2011, ch 135, §203.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-204 - Special jurisdiction.

29A-5A-204. Special jurisdiction.
(a) A court of this state lacking jurisdiction under §29A-5A-203 has special jurisdiction to do any of the following:
(1)Appoint a temporary guardian pursuant to §29A-5-315 in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state unless extended by the court for up to an additional ninety days for good cause shown;
(2)Issue a protective order with respect to real or tangible personal property located in this state;
(3)Appoint a guardian or conservator for the protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to §29A-5A-301.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Source:
SL 2011, ch 135, §204.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-205 - Exclusive and continuing jurisdiction.

29A-5A-205. Exclusive and continuing jurisdiction.
Except as otherwise provided in §29A-5A-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Source:
SL 2011, ch 135, §205.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-206 - Appropriate forum.

29A-5A-206. Appropriate forum.
(a) A court of this state having jurisdiction under §29A-5A-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1)Any expressed preference of the respondent;
(2)Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3)The length of time the respondent was physically present in or was a legal resident of this or another state;
(4)The distance of the respondent from the court in each state;
(5)The financial circumstances of the respondent's estate;
(6)The nature and location of the evidence;
(7)The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8)The familiarity of the court of each state with the facts and issues in the proceeding; and
(9)If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Source:
SL 2011, ch 135, §206.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-207 - Jurisdiction declined by reason of conduct.

29A-5A-207. Jurisdiction declined by reason of conduct.
(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1)Decline to exercise jurisdiction;
(2)Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3)Continue to exercise jurisdiction after considering:
(A)The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B)Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection 29A-5A-206(c); and
(C)Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of §29A-5A-203.
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
Source:
SL 2011, ch 135, §207.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-208 - Notice of proceeding.

29A-5A-208. Notice of proceeding.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
Source:
SL 2011, ch 135, §208.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-209 - Proceedings in more than one state.

29A-5A-209. Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under subsection 29A-5A-204(a)(1) or 29A-5A-204(a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1)If the court in this state has jurisdiction under §29A-5A-203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to §29A-5A-203 before the appointment or issuance of the order.
(2)If the court in this state does not have jurisdiction under §29A-5A-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Source:
SL 2011, ch 135, §209.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-301 - Transfer of guardianship or conservatorship to another state.

29A-5A-301. Transfer of guardianship or conservatorship to another state.
(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c) On the court's own motion or on request of the guardian or conservator, the protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1)The protected person is physically present in or is reasonably expected to move permanently to the other state;
(2)An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3)Plans for care and services for the protected person in the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1)The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection 29A-5A-201(b);
(2)An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3)Adequate arrangements will be made for management of the protected person's property.
(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1)A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to §29A-5A-302; and
(2)The documents required to terminate a guardianship or conservatorship in this state.
Source:
SL 2011, ch 135, §301.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-401 - Registration of guardianship orders.

29A-5A-401. Registration of guardianship orders.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
Source:
SL 2011, ch 135, §401.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-402 - Registration of protective orders.

29A-5A-402. Registration of protective orders.
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
Source:
SL 2011, ch 135, §402.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-403 - Effect of registration.

29A-5A-403. Effect of registration.
(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
Source:
SL 2011, ch 135, §403.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-501 - Uniformity of application and construction.

29A-5A-501. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source:
SL 2011, ch 135, §501.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-502 - Relation to Electronic Signatures in Global and National Commerce Act.

29A-5A-502.Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S. C. Section 7003(b).
Source:
SL 2011, ch 135, §502.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act › Section 29A-5A-503 - Transitional provision.

29A-5A-503. Transitional provision.
(a) This chapter applies to guardianship and protective proceedings begun after June 30, 2011.
(b) The provisions of §§29A-5A-101 to 29A-5A-106, inclusive, and 29A-5A-301 to 29A-5A-502, inclusive, apply to proceedings begun before July 1, 2011, regardless of whether a guardianship or protective order has been issued.
Source:
SL 2011, ch 135, §504.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 06 - Non-Probate Transfers › Section 29A-6-102 - Application to controversies between parties and between parties and P.O.D.

29A-6-102.Application to controversies between parties and between parties and P.O. D.
The provisions of §§29A-6-103 to 29A-6-105, inclusive, concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of §§29A-6-108 to 29A-6-112, inclusive, govern the liability of financial institutions which make payments pursuant thereto, and their setoff rights.
Source:
SL 1987, ch 208, §2; SL 1991, ch 230, §1B; SDCL 30-23-44; SL 1995, ch 167, §172.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 06 - Non-Probate Transfers › Section 29A-6-103 - Ownership of joint account, P.O.D.

29A-6-103.Ownership of joint account, P.O.D.
(1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.
(2) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O. D. payee or payees; if two or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection (1) of this section.
(3) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime, and if two or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by this section. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.
Source:
SL 1987, ch 208, §3; SL 1991, ch 230, §1C; SDCL 30-23-45; SL 1995, ch 167, §172.