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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 29A-5-426: Proceedings for violation of court order or abuse of discretion by guardian or conservator--Removal.

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Where this section sits in the code
  1. TITLE 29A. UNIFORM PROBATE CODE
  2. CHAPTER 29A-5. SOUTH DAKOTA GUARDIANSHIP AND CONSERVATORSHIP ACT

If any person, including the protected person, reasonably believes that a guardian or conservator has violated a court order or abused the guardian's or conservator's discretion in applying § 29A-5-422, the person may move the court to:

(1) Require the guardian or conservator to grant a person access to the protected person;

(2) Restrict, or further restrict, a person's access to the protected person;

(3) Modify the guardian or conservator's duties; or

(4) Remove the guardian or conservator pursuant to this chapter.

A guardian or conservator who knowingly isolates a protected person and has violated §§ 29A-5-421 to 29A-5-426, inclusive, or an order issued pursuant to §§ 29A-5-421 to 29A-5-426, inclusive, is subject to removal pursuant to this chapter.

A person appointed to a guardian or conservator prior to July 1, 2021, who fails to complete or timely complete the training curricula required pursuant to § 29A-5-119 is subject to removal pursuant to this chapter.

Source: SL 2016, ch 150, § 6; SL 2021, ch 121, § 5.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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