{"data":{"id":"us-sd/sdcl-55-4-38","jurisdiction":"us-sd","citation":"SDCL § 55-4-38","heading":"Limitation on trustee's power to make distributions to his or her benefit.","body":"Unless the terms of the trust refer to this section and provide otherwise, a power, including the power to make a distribution to another trust under § 55-2-15, that is exercisable by or attributable to a person, other than the settlor, in such person's capacity as a trustee to make discretionary distribution of either principal or income:\n(1) To or for the benefit of himself or herself is exercisable by the person only for the person's health, education, maintenance, and support in the person's accustomed manner of living; or\n(2) To or for the benefit of others, is not exercisable to discharge any of the person's own legal obligations.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-4. UNIFORM TRUSTS ACT"],"source_url":"https://sdlegislature.gov/Statutes/55-4-38","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"0d1f0742e361d8526c66ae609cedcdf5f1f8062e676969a00024537271d51826","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-4-37","next":"us-sd/sdcl-55-4-39"},"notice":"GroundRules: Original legal text. Not legal advice."}