§ 29A-5-101 Citation of chapter
§ 29A-5-102 Definition of terms
§ 29A-5-103 Application of chapter
§ 29A-5-104 Application of circuit court rules of procedure
§ 29A-5-106 Application of chapter to person other than parent seeking custody of child–Limitations–Effect of chapter on other law
§ 29A-5-108 Filing petition for appointment–Jurisdiction
§ 29A-5-109 Transfer of jurisdiction following appointment
§ 29A-5-110 Appointment of individual or entity–Qualifications
§ 29A-5-111 Filing of acceptance and bond–Amount of bond–Notice of nonrenewal
§ 29A-5-112 Action for breach of bond–Time limit
§ 29A-5-113 Designation of agent for non-resident guardian or conservator
§ 29A-5-114 Petition for appointment by guardian or conservator appointed in another state
§ 29A-5-115 Payment or delivery to nonresident conservator or like fiduciary–Proof of appointment
§ 29A-5-116 Compensation of guardian, conservator, attorneys, and other appointed individuals
§ 29A-5-117 Appointment of attorney, guardian ad litem, or court representative
§ 29A-5-118 Effect–Appointment–Guardian–Conservator–Minor–Protected Person
§ 29A-5-119 Training curricula for persons appointed as guardians and conservators
§ 29A-5-201 Appointment of guardian or conservator of minor
§ 29A-5-202 Nomination of guardian or conservator by minor or parent
§ 29A-5-203 Who may file petition for appointment–Contents of petition
§ 29A-5-204 Notice of appointment hearing–Exception
§ 29A-5-205 Court appointment of attorney to protect minor’s interest–Investigation by court-appointed representative
§ 29A-5-206 Filing of minor’s financial statement
§ 29A-5-207 Certain documents to be sealed–Available to certain persons
§ 29A-5-208 Hearing–Convenience–Participants–Determination of appointment–Findings and conclusions
§ 29A-5-209 Mailing copy of appointment order
§ 29A-5-210 Appointment of temporary guardian or conservator
§ 29A-5-301 Appointment of guardian or conservator of protected person
§ 29A-5-302 Appointment of guardian where capacity lacking to meet requirements for health, care, safety, habilitation, or therapeutic needs
§ 29A-5-303 Persons for whom conservator may be appointed
§ 29A-5-304 Nomination of guardian or conservator by protected person–Appointment in absence of effective nomination–Designated individual–Multiple appointments
§ 29A-5-305 Who may file petition–Contents of petition
§ 29A-5-306 Report to be included with petition–Contents
§ 29A-5-307 Filing financial statement of protected person
§ 29A-5-308 Notice of hearing for protected person
§ 29A-5-309 Contest of appointment by protected person
§ 29A-5-310 Duties of court representative
§ 29A-5-311 Protected person’s pre-hearing record sealed
§ 29A-5-312 Hearing for alleged person in need of protection–Duty of jury–Duty of court
§ 29A-5-313 Mailing appointment order to protected person
§ 29A-5-314 Issuing letter of guardianship or conservatorship
§ 29A-5-315 Temporary guardian or conservator of protected person
§ 29A-5-401 Responsibility of guardian of minor–Authority with regard to guardian appointed under other chapters
§ 29A-5-402 Responsibility of guardian of protected person
§ 29A-5-403 Annual report–Guardian of protected person–When filed
§ 29A-5-404 Responsibilities of minor’s conservator
§ 29A-5-405 Responsibilities of conservator of protected person
§ 29A-5-406 Protective arrangements for minors or protected persons
§ 29A-5-407 Inventory of minor’s or protected person’s real and personal estate
§ 29A-5-408 Annual accounting–Conservator–When filed
§ 29A-5-409 Waiver of accounting requirements–Change in frequency of accountings
§ 29A-5-410 Notice of hearing on petition for order subsequent to appointment
§ 29A-5-411 Powers of conservator
§ 29A-5-412 Confirmation of sale of real estate
§ 29A-5-413 Restrictions on conservator of minor or protected person
§ 29A-5-414 Liability of guardian for acts of minor or protected person
§ 29A-5-415 Liability of conservator on contracts entered into during administration of estate–Torts–Successor conservator
§ 29A-5-416 Multiple guardians–Majority concurrence
§ 29A-5-417 Presumption of authority of guardian or conservator
§ 29A-5-418 Filing letters of conservatorship–Proper county–Constructive notice
§ 29A-5-419 Court’s authority to limit powers–Authorization sought by guardian or conservator
§ 29A-5-420 Court authorized powers of protected person’s conservator–Considerations–Hearing–Protected person’s will
§ 29A-5-421 Restriction of protected person’s interaction with family prohibited–Exceptions
§ 29A-5-422 Presumption of protected person’s consent or refusal based on proof of relationship
§ 29A-5-423 Court action to restrict interaction with family member
§ 29A-5-424 Good cause factors for restricting interaction
§ 29A-5-425 Types of restrictions–Supervised interaction
§ 29A-5-426 Proceedings for violation of court order or abuse of discretion by guardian or conservator–Removal
§ 29A-5-427 Interested party–Access to medical and financial records
§ 29A-5-428 Protected person–Alleged abuse, neglect, or self-dealing by the guardian or conservator
§ 29A-5-501 Termination of guardian’s or conservator’s appointment–Liability for prior acts
§ 29A-5-502 Appointment of additional guardians or conservators–Successors
§ 29A-5-503 Petition to resign as guardian or conservator
§ 29A-5-504 Petition to remove guardian or conservator–Reasons for removal
§ 29A-5-505 Termination of guardianship or conservatorship upon minor’s death or majority–Adoption or emancipation of minor
§ 29A-5-506 Termination of guardianship or conservatorship of minor when no longer needed–Investigation by court representative
§ 29A-5-507 Termination of guardianship or conservatorship upon death of protected person
§ 29A-5-508 Termination, revocation or modification of guardian or conservator–Modification of limited guardianship or limited conservatorship–Investigation by court representative–Records sealed
§ 29A-5-509 Hearing on petition to terminate, revoke, or modify–Jury–Duty of court
§ 29A-5-510 State as conservator of protected person–Distribution of assets upon death
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Terms Used In South Dakota Codified Laws > Title 29A > Chapter 5 - South Dakota Guardianship and Conservatorship Act

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Intestate: Dying without leaving a will.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Third persons: includes all who are not parties to the obligation or transaction concerning which the phrase is used. See South Dakota Codified Laws 2-14-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • 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