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S.D. Codified Laws § 29A-5-504

Petition to remove guardian or conservator--Reasons for removal

Known as the South Dakota Guardianship and Conservatorship Act

The act spans §§ 29–29 (83 sections).

Applied in 4 court decisions — leading case In Re the Guardianship & Conservatorship of G.T.C. (2014)

Most recently applied in Guardianship and Conservatorship of Flyte (March 2025)

Source: SL 1993, ch 213, § 67; SDCL 30-36-67; SL 1995, ch 167, § 181; SL 2021, ch 121, § 6.

How often courts cite this section

200820102020202510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Upon petition by any interested person or on the court's own motion, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator:

(1) Is acting under letters secured by material misrepresentation or mistake, whether fraudulent or innocent;

(2) Has an incapacity or illness, including substance abuse, which affects fitness for office, or is adjudged to be a protected person in this or in any other jurisdiction;

(3) Is convicted of a crime which reflects on fitness for office;

(4) Wastes or mismanages the estate, unreasonably withholds distributions or makes distributions in a negligent or profligate manner, or otherwise abuses powers or fails to discharge duties;

(5) Neglects the care and custody of the minor, the protected person or legal dependents;

(6) Has an interest adverse to the faithful performance of duties such that there is a substantial risk that the guardian or conservator will fail to properly perform those duties;

(7) Fails to file reports or accountings when required, or fails to comply with any order of court;

(8) Acts in a manner that threatens the personal or financial security of a co-guardian or co-conservator or endangers the surety on the bond;

(9) Fails to file sufficient bond after being ordered by the court to do so;

(10) Avoids service of process or notice;

(11) Becomes incapable of or unsuitable for the discharge of duties;

(12) Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or

(13) Fails to complete or timely complete the training curricula required pursuant to § 29A-5-119.

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