{"data":{"id":"us-sd/sdcl-55-18-1","jurisdiction":"us-sd","citation":"SDCL § 55-18-1","heading":"Definitions.","body":"Terms used in this chapter mean:\n(1) \"Bind\" or \"bound,\" to consent, receive notice or service of process, approve, agree, object, resist, waive, or demand for or as a person with the same binding and conclusive effect as if the person represented had;\n(2) \"Conflict of interest,\" a situation in which a representative's interest in the trust causes a significant likelihood that a reasonable person would disregard a representative's duty to a represented beneficiary. A conflict of interest, however, excludes:\n(a) Any adversity, conflict or opposed interests substantially unrelated to the representative's interest in the trust;\n(b) Any past situation which is not likely to re-occur; and\n(c) Any conflict of interest which falls short of a material conflict of interest;\n(3) \"Co-representative,\" more than one simultaneously acting representative of the same class pursuant to § 55-18-9, as when co-guardians are acting:\n(4) \"Conservator,\" a person appointed pursuant to chapter 29A-5 or equivalent provisions of another jurisdiction's laws including a temporary conservator, a guardian ad litem, and a limited conservator;\n(5) \"Fiduciary,\" a person defined by subdivision 21-22-1(3), except as used in § 55-18-17;\n(6) \"Guardian,\" a person appointed pursuant to chapter 29A-5 or equivalent provisions of another jurisdiction's laws including a temporary guardian and a limited guardian;\n(7) \"Incapacitated\" or \"incapacity,\" lacking the capacity to meaningfully understand the matter in question because of a mental or physical impairment;\n(8) \"Interest,\" a beneficial interest as defined by subdivision 55-1-24(1) but including the holder of a power of appointment, and any power to remove or replace a fiduciary or a representative;\n(9) \"Interested beneficiary,\" a person who, on the date the person's qualification is determined:\n(a) Is a current distributee or permissible distributee of trust income or principal;\n(b) Would be a distributee or permissible distributee of trust income or principal if the interests of the current distributees terminated on that date;\n(c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date;\n(d) Holds a power of appointment; or\n(e) Would hold a power of appointment if the interests of the current distributees terminated on that date or the interests of the persons currently holding a power of appointment under this subdivision terminated on that date;\n(10) \"Knows\" or \"knowingly,\" actual knowledge of the fact in question;\n(11) \"Minor,\" any person who has not attained the age of eighteen. The term includes a minor with an incapacity;\n(12) \"Nonjudicial settlement,\" an agreement, release, or other action whether or not approved by a court, which may include, without limitation:\n(a) The interpretation or construction of the terms of a trust;\n(b) The approval of any fiduciary's report or accounting;\n(c) Direction to any fiduciary to refrain from performing a particular act or the grant to a fiduciary of any necessary or desirable power;\n(d) The resignation or appointment of any fiduciary;\n(e) The determination of a fiduciary or a representative's compensation;\n(f) The transfer of a trust's principal place of administration or situs;\n(g) The liability of any fiduciary's action or omission relating to a trust;\n(h) Partial or final settlement agreements regarding a trust or its administration; or\n(i) The modification, amendment, reformation, or termination of a trust;\n(13) \"Notice\" or \"notifies,\" notice provided in accordance with § 55-2-24;\n(14) \"Notifier,\" a person who is undertaking notice or proposing consent with regard to a matter concerning a trust;\n(15) \"Power of appointment,\" a power defined by § 55-1-12;\n(16) \"Proceeding,\" any judicial or nonjudicial trust proceeding, accounting, termination, modification, reformation, decanting, settlement, nonjudicial settlement, and any proceeding conducted pursuant to chapter 21-22 or title 29A which concerns a trust;\n(17) \"Protected person,\" a person other than a minor for whom a guardian or conservator is appointed;\n(18) \"Reasonably available,\" with respect to a person, that the person can be identified and located with the exercise of reasonable diligence;\n(19) \"Representative,\" a person who may bind another person pursuant to § 55-18-9;\n(20) \"Trust,\" an express inter vivos or testamentary trust; and\n(21) \"Uninterested beneficiary,\" a beneficiary other than an interested beneficiary.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-18. VIRTUAL REPRESENTATION"],"source_url":"https://sdlegislature.gov/Statutes/55-18-1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"e52360afa627225cb6b775507eb5d023137acfc374c90ccc5663d0c8ca92f6b6","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-17-14","next":"us-sd/sdcl-55-18-2"},"notice":"GroundRules: Original legal text. Not legal advice."}