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S.D. Codified Laws § 29A-5-424

Good cause factors for restricting interaction

Known as the South Dakota Guardianship and Conservatorship Act

The act spans §§ 29A-5-101 to 29A-5-510 (83 sections).

Source: SL 2016, ch 150, § 4.

A court may issue an order restricting the communications, visitations, or interactions that the other person may have with a protected person upon a showing of good cause by a guardian or conservator. In determining whether to issue an order, a court shall consider the following factors:

(1) Whether any protective order has been issued to protect the protected person from the other person;

(2) Whether the other person has been charged with abuse, neglect, or financial exploitation of the protected person;

(3) Whether the protected person has expressed a desire to communicate, visit, or interact with the other person or has expressed a desire not to communicate, visit, or interact with the other person;

(4) If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the protected person with regard to the other person's communication, visitation, or interaction with the protected person; and

(5) Any other factor deemed relevant by the court.

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