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S.D. Codified Laws § 51A-19-4

Notification of third party permitted--Grounds--Permissible third parties

Source: SL 2026, ch 194, § 4.

Effective July 1, 2026

51A-19-4. Notification of third party permitted--Grounds--Permissible third parties.

A financial institution or an employee of a financial institution may notify any third party reasonably associated with a consenting, senior, or vulnerable adult, if the institution or employee reasonably believes that financial exploitation of the adult may have occurred, may have been attempted, is occurring, or is being attempted.

A financial institution or an employee of a financial institution may choose not to notify any third party reasonably associated with a consenting, senior, or vulnerable adult of suspected financial exploitation of the adult, if the institution or employee reasonably believes the third party is, may be, or may have been engaged in the financial exploitation of the adult, or if requested to refrain from making a notification by a law enforcement agency on the grounds that the notification could interfere with a law enforcement investigation.

For purposes of this section, a third party reasonably associated with a consenting, senior, or vulnerable adult means:

(1) A parent, spouse, adult child, sibling, or other known family member or close associate of the adult;

(2) An authorized contact provided by the adult to the financial institution;

(3) A co-owner, additional authorized signatory, or beneficiary on an adult's account;

(4) An attorney in fact, trustee, conservator, guardian, or other fiduciary who has been selected by the adult, a court, or a third party, to manage some or all of the financial affairs of the adult; and

(5) An attorney known to represent or have represented the adult.

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