South Dakota Codified Laws 29A-5-508. Termination, revocation or modification of guardian or conservator–Modification of limited guardianship or limited conservatorship–Investigation by court representative–Records sealed
Upon petition by the protected person, by the guardian or conservator, by any other interested person, or on the court’s own motion, the court may terminate a guardianship, conservatorship, or both, or modify the type of appointment or the areas of protection, management, or assistance previously granted to a limited guardian or limited conservator. Such termination, revocation, or modification may be ordered if:
(1) The protected person is no longer in need of the assistance or protection of a guardian or conservator;
Terms Used In South Dakota Codified Laws 29A-5-508
- 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
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The extent of protection, management, or assistance previously granted is either excessive or insufficient considering the current need therefor;
(3) The protected person’s understanding or capacity to manage the estate and financial affairs or to provide for health, care, or safety has so changed as to warrant such action; or
(4) No suitable guardian or conservator can be secured who is willing to exercise the assigned duties.
In making a determination under this section, the court may appoint an attorney for the protected person if the court determines that an appointment is necessary to protect the person’s interests, may appoint a court representative to make such investigations as the court shall order, and may appoint one or more individuals that it deems qualified to make such evaluations as it shall determine appropriate. Such evaluations and the written report of the court representative shall be sealed upon filing and may not be made a part of the public record but shall be available to the court, to the protected person, to the guardian or conservator, to the petitioner, to the court representative, to their attorneys, and to such other individuals and entities as the court may order upon a showing of the need.
Source: SL 1993, ch 213, § 71; SDCL 30-36-71; SL 1995, ch 167, § 181.