South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 29A-5-426
- 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) 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.