South Dakota Codified Laws 29A-5-118. Effect–Appointment–Guardian–Conservator–Minor–Protected Person
The appointment of a guardian or conservator of a protected person does not constitute a general finding of legal incompetence unless the court so orders, and the protected person shall otherwise retain all rights which have not been granted to the guardian or conservator, with the exception of the ability to create an agency and confer authority on another person to do any act that the protected person might do, pursuant to § 59-2-1. Unless prior authorization of the court is first obtained, a guardian or conservator may not change the residence of the minor or protected person to another state, terminate or consent to a termination of the minor’s or protected person’s parental rights, initiate a change in the minor’s or protected person’s marital status, or revoke or amend a durable power of attorney of which the protected person is the principal, except as provided in § 59-7-11.
Terms Used In South Dakota Codified Laws 29A-5-118
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- guardian: includes a "limited guardian" and any reference to a "conservator" includes a "limited conservator. See South Dakota Codified Laws 29A-5-102
- person: refers to either an "interested person" a "person alleged to need protection" or a "protected person" as the context requires, and does not refer to a "person" as defined in §. See South Dakota Codified Laws 29A-5-102
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Source: SL 1993, ch 213, § 18; SDCL § 30-36-18; SL 1995, ch 167, § 181; SL 2016, ch 120, § 37; SL 2020, ch 214, § 53.