Notwithstanding the provisions of § 55-18-3, no representative may bind the person represented if, prior to the representative binding the person in the matter in question:

(1) The court finds that the person cannot be adequately represented pursuant to § 55-18-19;

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Terms Used In South Dakota Codified Laws 55-18-4

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Trustee: A person or institution holding and administering property in trust.

(2) The representative refuses to act pursuant to § 55-18-11;

(3) The representative has been removed by a person with power to remove the representative; or

(4) The represented person notifies:

(a) The trustee;

(b) The notifier; and

(c) The representative, that the represented person will not be bound by the representative.

Source: SL 2017, ch 208, § 4.