South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 29A-5-403
- 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
(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.