South Dakota Codified Laws 29A-5-203. Who may file petition for appointment–Contents of petition
A petition for the appointment of a guardian, a conservator, or both, may be filed by the minor, by an interested relative, by the individual or facility that is responsible for or has assumed responsibility for the minor’s care or custody, by the individual or entity that the minor has nominated as guardian or conservator, or by any other interested person, including the department of human services or the department of social services.
A petition for the appointment of a guardian, a conservator, or both, shall state the petitioner’s name, place of residence, post office address, relationship to the minor, and shall, to the extent known as of the date of filing, state the following with respect to the minor and the relief requested:
Terms Used In South Dakota Codified Laws 29A-5-203
- Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
- 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
- Intestate: Dying without leaving a will.
- 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
(1) The minor’s name, date of birth, place of residence or location, and post office address;
(2) The names and post office addresses of the minor’s spouse, children, parents, and brothers and sisters, or if none, the minor’s nearest known relatives who would be entitled to succeed to the minor’s estate by intestate succession;
(3) The name, place of residence or location, and post office address of the individual or facility that is responsible for or has assumed responsibility for the minor’s care or custody;
(4) The reasons why guardianship or conservatorship is requested and the interest of the petitioner in the appointment;
(5) The name, post office address and, if the proposed guardian or conservator is an individual, the individual’s age, occupation and relationship to the minor;
(6) The name, post office address and, if the minor is age fourteen or older and has nominated a guardian or conservator who is an individual, the individual’s age, occupation and relationship to the minor;
(7) The name, post office address and, if a deceased parent has nominated a guardian or conservator who is an individual, the individual’s age, occupation and relationship to the minor; and
(8) The name and post office address of any guardian or conservator currently acting, whether in this state or elsewhere.
Source: SL 1993, ch 213, § 21; SDCL 30-36-21; SL 1995, ch 167, § 181.