SDCL § 55-18-4: Conditions under which representative may not bind person represented.

Notwithstanding the provisions of § 55-18-3, no representative may bind the person represented if, prior to the representative binding the person in the matter in question:

(1) The court finds that the person cannot be adequately represented pursuant to § 55-18-19;

(2) The representative refuses to act pursuant to § 55-18-11;

(3) The representative has been removed by a person with power to remove the representative; or

(4) The represented person notifies:

(a) The trustee;

(b) The notifier; and

(c) The representative, that the represented person will not be bound by the representative.