{"data":{"id":"us-sd/sdcl-55-18-19","jurisdiction":"us-sd","citation":"SDCL § 55-18-19","heading":"Appointment of court representative.","body":"In a judicial proceeding, if the court determines that a person cannot be adequately represented by a representative, the court may order that the person be provided notice or may order the appointment of a court representative or a replacement court representative to bind the person. The basis for a finding that representation is inadequate shall be set forth specifically in an order and may include, by way of example, a finding that a representative has a material conflict of interest or acted with hostility to the interest of the person represented.\nA trustee, a beneficiary, or, if authorized by the governing instrument, a fiduciary other than a trustee, may petition the court for the appointment of a court representative. A court representative has the authority to act as a representative in any proceeding unless otherwise ordered by the court.\nNotwithstanding § 55-18-5, the court may appoint a court representative to bind uninterested beneficiaries, unborn persons, unascertained persons, or the potential appointees or the takers in default of a power of appointment.\nNotwithstanding § 55-18-20, the court may appoint a court representative to bind a settlor.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-18. VIRTUAL REPRESENTATION"],"source_url":"https://sdlegislature.gov/Statutes/55-18-19","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"46fb206980e8e987fd6496a44dac79a63423d9a3f295fb93b1029d3fed34354a","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-18-18","next":"us-sd/sdcl-55-18-20"},"notice":"GroundRules: Original legal text. Not legal advice."}