{"data":{"id":"us-sd/sdcl-29a-5-504","jurisdiction":"us-sd","citation":"SDCL § 29A-5-504","heading":"Petition to remove guardian or conservator--Reasons for removal.","body":"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:\n(1) Is acting under letters secured by material misrepresentation or mistake, whether fraudulent or innocent;\n(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;\n(3) Is convicted of a crime which reflects on fitness for office;\n(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;\n(5) Neglects the care and custody of the minor, the protected person or legal dependents;\n(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;\n(7) Fails to file reports or accountings when required, or fails to comply with any order of court;\n(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;\n(9) Fails to file sufficient bond after being ordered by the court to do so;\n(10) Avoids service of process or notice;\n(11) Becomes incapable of or unsuitable for the discharge of duties;\n(12) Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or\n(13) Fails to complete or timely complete the training curricula required pursuant to § 29A-5-119.\nSource: SL 1993, ch 213, § 67; SDCL 30-36-67; SL 1995, ch 167, § 181; SL 2021, ch 121, § 6.","path":["TITLE 29A. UNIFORM PROBATE CODE","CHAPTER 29A-5. SOUTH DAKOTA GUARDIANSHIP AND CONSERVATORSHIP ACT"],"source_url":"https://sdlegislature.gov/Statutes/29A-5-504","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"e71ebd4840460d95abcc53882a2dc20ceb9ddf35636658fc925a639b4997f7a0","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-29a-5-503","next":"us-sd/sdcl-29a-5-505"},"notice":"GroundRules: Original legal text. Not legal advice."}