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S.D. Codified Laws § 29A-5-402

Responsibility of guardian of 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 1 court decision — leading case In Re the Guardianship & Conservatorship of Nelson (2013)

Most recently applied in In Re the Guardianship & Conservatorship of Nelson (January 2013)

Source: SL 1993, ch 213, § 45; SDCL 30-36-45; SL 1995, ch 167, § 181.

A guardian of a protected person shall make decisions regarding the protected person's support, care, health, habilitation, therapeutic treatment, and, if not inconsistent with an order of commitment or custody, shall determine the protected person's residence. A guardian shall maintain sufficient contact with the protected person to know of the protected person's capabilities, limitations, needs, and opportunities.

A guardian shall exercise authority only to the extent necessitated by the protected person's limitations, and if feasible, shall encourage the protected person to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage personal affairs. A guardian shall, to the extent known, consider the express desires and personal values of the protected person when making decisions, and shall otherwise act in the protected person's best interests and exercise reasonable care, diligence, and prudence.

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