South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 29A-5-504
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Service of process: The service of writs or summonses to the appropriate party.
(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.