The appointment of a guardian or conservator of a protected person does not constitute a general finding of legal incompetence unless the court so orders, and the protected person shall otherwise retain all rights which have not been granted to the guardian or conservator, with the exception of the ability to create an agency and confer authority on another person to do any act that the protected person might do, pursuant to § 59-2-1. Unless prior authorization of the court is first obtained, a guardian or conservator may not change the residence of the minor or protected person to another state, terminate or consent to a termination of the minor's or protected person's parental rights, initiate a change in the minor's or protected person's marital status, or revoke or amend a durable power of attorney of which the protected person is the principal, except as provided in § 59-7-11.
S.D. Codified Laws § 29A-5-118
Effect--Appointment--Guardian--Conservator--Minor--Protected Person
Known as the South Dakota Guardianship and Conservatorship Act
The act spans §§ 29A-5-101 to 29A-5-510 (83 sections).
Applied in 2 court decisions — leading case In Re the Guardianship & Conservatorship of Blare (1999)
Most recently applied in Mary Triplet v. Menard, Inc. (July 2022)
Source: SL 1993, ch 213, § 18; SDCL § 30-36-18; SL 1995, ch 167, § 181; SL 2016, ch 120, § 37; SL 2020, ch 214, § 53.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.