Rights of vulnerable adult in action brought by substitute petitioner
Applied in 1 court decision — leading case Hermanek-Peck v. Spry (2022)
Most recently applied in Hermanek-Peck v. Spry (October 2022)
Source: SL 2016, ch 120, § 6.
If a substitute petitioner files a petition pursuant to § 21-65-2 on behalf of a vulnerable adult, the vulnerable adult retains the right to all of the following:
(1) To contact and retain counsel;
(2) To have access to personal records;
(3) To file objections to the protection order;
(4) To request a hearing on the petition; and
(5) To present evidence and cross-examine witnesses at the hearing.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.