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S.D. Codified Laws § 29A-5-401

Responsibility of guardian of minor--Authority with regard to guardian appointed under other chapters

Known as the South Dakota Guardianship and Conservatorship Act

The act spans §§ 29–29 (83 sections).

Applied in 2 court decisions — leading case In Re the Guardianship & Conservatorship for T.H.M. (2002)

Most recently applied in In the Matter of T.H.M and M.M.M. (January 2002)

Source: SL 1993, ch 213, § 44; SDCL 30-36-44; SL 1995, ch 167, § 181.

A guardian of a minor shall be responsible for making decisions regarding the minor's support, care, health, education, and, if not inconsistent with an order of commitment or custody, to take custody of the minor and to determine the minor's residence. A guardian shall maintain sufficient contact with the minor to know of the minor's capabilities, limitations, needs, and opportunities. A guardian shall at all times act in the minor's best interests, shall exercise reasonable care, diligence and prudence, and shall report on the condition of the minor as ordered by the court.

In the event that guardians of a minor have been appointed both under this chapter and under the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the guardian appointed under this chapter has no authority with respect to the powers delegated to the guardian appointed under chapters 26-7A, 26-8A, 26-8B, and 26-8C.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.