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South Dakota Guardianship Planning
Support GuideSouth Dakota27 min read

South Dakota Guardianship Planning

South Dakota guardianship needs clear and convincing proof, the person may demand a jury, and the $72 filing fee covers the whole case.

By Settled Editorial

A South Dakota guardianship is a circuit court case that gives another person authority over an adult's personal decisions, their money, or both. Three rules set South Dakota apart. The need for an appointment must be proved by clear and convincing evidence, the person may demand a jury, and the court alone decides how much power to grant after weighing less restrictive alternatives (SDCL 29A-5-312). The filing fee is $72, and it covers every later paper in the case.

The rules live in SDCL chapter 29A-5, which 29A-5-101 names the South Dakota Guardianship and Conservatorship Act. South Dakota has not adopted the newer uniform guardianship act that some states use, so a national article about "protective arrangements" or "visitors" may not describe South Dakota law. Chapter 29A-5A covers which state's courts hear an adult's case.

Guardianship deals with a living person. When the protected person dies, 29A-5-507 ends the guardianship, and a separate estate case may begin, which the South Dakota probate guide covers.

Read this page as a planning map, not a filing kit. A guardianship takes rights away from an adult, so have a licensed South Dakota attorney review any plan or petition before you rely on it.

Guardian and Conservator Are Separate Appointments

SDCL 29A-5-102 draws the line:

  • A guardian is "one appointed by the court to be responsible for the personal affairs of a minor or protected person." That covers care, health and where the person lives.
  • A conservator is "one appointed by the court to be responsible for managing the estate and financial affairs of a minor or protected person."
  • A limited guardian or limited conservator holds only the responsibilities listed in the order of appointment.

The same section sets the vocabulary you will see on court papers. An adult is a "person alleged to need protection" while the petition is pending and a "protected person" once the court appoints someone. A "court representative" is someone the court appoints to investigate and make recommendations. South Dakota does not use the word "visitor" for that role.

The court may appoint a guardian, a conservator, or both, and under 29A-5-304 it may appoint more than one person and need not give both roles to the same one.

An appointment does not strip every right. Under SDCL 29A-5-118, it is not a general finding of legal incompetence unless the court says so, and the protected person keeps every right not granted to the guardian or conservator, except the power to appoint an agent under 59-2-1. Without prior court approval, a guardian or conservator may not move the person to another state, end the person's parental rights, start a change in marital status, or revoke or amend the person's durable power of attorney (except as 59-7-11 provides for a health care power).

Who Qualifies for a Guardian or Conservator

The two tests use the same opening words and then split.

  • Guardian (29A-5-302): the person's "ability to respond to people, events, and environments is impaired" so that the person "lacks the capacity to meet the essential requirements for his health, care, safety, habilitation, or therapeutic needs" without a guardian's help or protection.
  • Conservator (29A-5-303): the same impairment, leaving the person unable "to manage property or financial affairs or to provide for his support or the support of legal dependents" without a conservator.
  • Absentee: 29A-5-303 also allows a conservator for someone who has disappeared, is detained illegally or by a foreign power, or is abroad and unable to return, when their estate needs care.

Both sections let a court use the adult rules for a minor "without regard to age" when the minor meets the test and the need "will likely continue into his adult years." Families of a teenager with a lasting disability use this path so that protection does not lapse at 18.

When a court case is unavoidable, the South Dakota guardianship and conservatorship page covers the court process itself.

The Kinds of Appointment South Dakota Offers

ArrangementWhat it doesStatute
Guardian of a protected person, full or limitedPersonal decisions for an adult. Letters for a limited guardian list the specific areas granted.29A-5-302; 29A-5-314
Conservator of a protected person, full or limitedManagement of an adult's estate and financial affairs.29A-5-303; 29A-5-314
Conservator for an absenteeCare of the estate of someone missing or detained. No evaluation report is needed.29A-5-303; 29A-5-306
Temporary guardian or conservator of an adultEmergency authority, limited to the powers in the order, for up to 90 days plus one extension of up to 90 days.29A-5-315
Guardian or conservator of a minorCare and property of a child under 18, in the child's best interests.29A-5-201; 29A-5-208
Temporary guardian or conservator of a minorImmediate need plus best interests, for no more than six months.29A-5-210

Can a South Dakota Court Hear the Case?

For an adult, the first question is which state, not which county. South Dakota adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as chapter 29A-5A in 2011. Under SDCL 29A-5A-203, a South Dakota court has jurisdiction if South Dakota is the adult's home state, or in the other situations that section lists, which turn on the person's ties to the state and on whether the home state's court declines the case. SDCL 29A-5A-201 defines the home state as the state where the person was physically present, counting temporary absences, for at least six consecutive months immediately before the petition was filed.

For a minor, SDCL 29A-5-108 sets the county: where the child lives or is present, or, if a court admitted the child to a facility, the county where that court sits. The 2011 act struck adults out of that section, and chapter 29A-5 names no replacement county rule for an adult. The clerk of courts in the county where the adult lives can say where a petition is filed, and the directory of the circuit court that appoints guardians lists that clerk.

How an Adult Guardianship Case Runs

  1. The evaluation report. SDCL 29A-5-306 requires the petition to include a report signed by a physician, psychiatrist or licensed psychologist. It describes the person's cognitive and functional limitations, current services, a recommended living arrangement if a guardian is sought, an opinion on whether an appointment is needed and its type and scope, whether the person can attend the hearing, and any medications that may affect the person there. If an assessment is more than three months old, a clinician must state there has been no material change. The court may allow filing without the report for good cause and then order one.
  2. The petition. Under SDCL 29A-5-305, the petitioner may be the person, an interested relative, the person or facility responsible for the person's care, the person's own nominee, or any other interested person, including the Department of Human Services. The petition lists the nearest relatives, any agent under a durable power of attorney (with a copy attached if available), the type of appointment sought, and, for a limited appointment, the specific areas requested.
  3. The financial statement. Before the hearing, 29A-5-307 requires a statement of the person's approximate real and personal property and expected yearly income. Under 29A-5-311, the evaluation report, the financial statement and any court representative's report are sealed and kept out of the public record.
  4. Notice. SDCL 29A-5-308 has the court set a hearing within 60 days. The person must be personally served with the notice, the petition and the evaluation report at least 14 days before the hearing. The person cannot waive that notice, and a failure to notify the person properly is jurisdictional. The petitioner mails the notice and petition at least 14 days ahead to everyone age 10 or older named in the petition.
  5. Attorney or court representative. Under SDCL 29A-5-309, the court shall appoint an attorney for the person if the person asks, wants to contest, or needs one. If the person has no attorney, the court either appoints a court representative, who visits the person and explains the petition under 29A-5-310, or orders the person to attend. A person contesting the petition may also get an independent evaluation at their own expense, and the court must consider it.
  6. Background check and training. The nominee files record check results and a training certificate, covered in the next section.
  7. The hearing. The person may attend, oppose the petition, choose an attorney, demand a jury, present evidence and cross-examine witnesses. The proposed guardian or conservator must attend unless excused for good cause.
  8. Acceptance and letters. Under 29A-5-111 and 29A-5-314, the appointment takes effect and letters issue only after the appointee files an acceptance of office and any required bond. Within 14 days, 29A-5-313 has the appointee mail the order, with a statement of the right to seek termination or modification, to the protected person and everyone who got notice.

The Hearing: Jury, Proof and Scope

SDCL 29A-5-312 splits the decision in two:

  • The jury, if requested, has one job: to decide whether the person "is a person for whom a guardian or conservator may be appointed." The standard of proof is "clear and convincing evidence."
  • The court alone decides whether to appoint, the type of appointment, and "the specific areas of protection, management and assistance to be granted." It must consider the suitability of the nominee, the person's limitations, "the development of the person's maximum feasible self-reliance and independence, the availability of less restrictive alternatives," and how far protection from neglect, exploitation or abuse is needed.

The hearing may be closed to the public at the person's request, the attorney's request, or on the court's own motion. If anyone asks, the court must make findings of fact and conclusions of law.

Background Check and Guardian Training

South Dakota screens every nominee before the judge signs. Under SDCL 29A-5-110, every nominee except a bank, a trust company, or their officers and employees obtains an Interstate Identification Index criminal history record check and a check of South Dakota civil judgments for abuse, neglect or exploitation of an elder or adult with a disability. The results go to the court by affidavit at least ten days before the hearing, unless the court waives or modifies that for good cause.

The judge also may not sign until the State Bar of South Dakota has issued, and the nominee has filed, a certificate of completion of the training required by SDCL 29A-5-119. Since July 1, 2021, no one may be appointed until they complete it. The State Bar posts a guardianship training video and a conservatorship training packet online, with a proof of attendance to file with the clerk. Failing to complete the training is a ground for removal under 29A-5-504(13).

Neither the record check nor the training may be required for a temporary appointment, and the court may waive either for good cause.

Section 29A-5-110 also sets who may serve at all. Any adult capable of providing "an active and suitable program of guardianship or conservatorship" may serve, unless employed by an agency or facility giving the person major services or financial help (the court may waive that bar). A bank or trust company may serve as conservator only. Someone whose only interest is as a creditor may not serve, and a person convicted of a felony may serve only if the court finds it in the protected person's best interests.

Emergency Help: The Temporary Guardian

South Dakota's emergency tool is the temporary guardian or conservator under SDCL 29A-5-315. The court needs a showing that:

  • an immediate need exists,
  • following the regular procedure "may result in significant harm" to the person or the estate, and
  • no one else appears to have authority to act, or the person with authority is unwilling or has used it ineffectively.

The temporary appointee has only the powers written in the order. The appointment "shall expire within ninety days unless extended by the court for up to an additional ninety days for good cause shown." The person gets reasonable notice of the hearing unless delay may cause the harm the statute describes, and within five days after appointment the temporary guardian or conservator mails the order and a statement of rights to the person and everyone entitled to notice.

Who the Court Appoints

South Dakota has no ranked list of relatives. SDCL 29A-5-304 starts with the person's own choice: "Any individual who has sufficient capacity to form a preference may at any time nominate any individual or entity to act as his guardian or conservator." The court "shall appoint" that nominee if eligible and in the person's best interests.

Without an effective nomination, the court appoints whoever will act in the person's best interests, weighing location, relationship, ability, commitment, conflicts of interest, and the recommendations of the spouse, parents or other relatives, "whether made by will or otherwise."

Planning Ahead to Choose Your Guardian

South Dakota law lets an adult with capacity shape the outcome ahead of time.

  • Nominating a guardian and conservator. Section 29A-5-304 accepts a nomination in writing, by oral request to the court, or proved by other competent evidence. A signed writing is the easiest to prove. A 2023 amendment (SL 2023, ch 95) requires written findings when the court does not appoint someone the person named "under a validly executed legal instrument, including a power of attorney."
  • A nominee in a financial power of attorney. SDCL 59-12-7(1) lets a power of attorney nominate a conservator or guardian, and the court follows the principal's most recent nomination "except for good cause shown or disqualification."
  • What an appointment does to existing documents. Under 59-12-7(2), a court appointment of a conservator terminates the principal's financial power of attorney, and the agent must account to the conservator, unless the court orders otherwise. Under SDCL 59-7-11, appointing a guardian of the person terminates that person's health care power of attorney, but the guardian must follow its stated wishes for medical and end-of-life care.

Alternatives That Can Make Guardianship Unnecessary

The court must consider less restrictive alternatives, and an alternative can only be weighed if it was signed while the person had capacity.

  • A durable financial power of attorney. A South Dakota power of attorney survives the principal's disability only if it says so, under SDCL 59-12-3. The South Dakota power of attorney guide explains the notary rule and the statutory form, which is often a POA instead of a conservatorship.
  • A health care power of attorney and living will. Naming a health care agent covers medical decisions without a guardian. See a health care power of attorney for the two-witness or notary signing rule.
  • Family health care consent. When there is no health care agent or guardian, SDCL 34-12C-3 lets family decide health care in order: spouse (if not legally separated), adult child, parent, adult sibling, grandparent or adult grandchild, adult aunt, uncle, cousin, niece or nephew, then a close friend. It covers health care only, not money or housing.
  • A limited appointment. If some help is needed, the petition can ask for only the specific areas required, and the person keeps every other right under 29A-5-118.

For how these documents fit together, see the rest of a South Dakota plan.

Guardianship of a Minor

A child under 18 with living parents usually needs no guardian. The minor provisions, 29A-5-201 to 29A-5-210, cover a child whose parents have died or cannot care for the child.

  • Nominations. Under SDCL 29A-5-202, a minor age 14 or older may nominate a guardian or conservator, in writing or orally to the court. A parent of an unmarried minor may nominate one "by will or other signed writing," effective even if the child was not yet born when it was signed. Without an effective nomination by the minor, the court may appoint a parent's nominee if both parents are dead. If both parents named different people, the court chooses the one it thinks best qualified. No nomination overrides an earlier court appointment.
  • The decision. Under SDCL 29A-5-208, the court alone decides, and may appoint "only if in the minor's best interests." A minor age 10 or older and the proposed guardian must attend unless excused, and the court may close the hearing.
  • Temporary appointments. SDCL 29A-5-210 allows a temporary guardian or conservator of a minor on a showing of immediate need and best interests, for no more than six months.
  • When it ends. Under 29A-5-505, a minor's guardianship or conservatorship ends at the child's death or 18th birthday, on transfer to another state, or by court order. A guardianship, but not a conservatorship, also ends on adoption or emancipation.

A parent's nomination is not self-executing. A court still has to appoint the person, and a nomination in a will helps only if the will is found.

What a South Dakota Guardianship Costs

The Unified Judicial System's fee guide, effective July 1, 2026, prices a guardianship as one case:

FeeAmountStatute
Filing fee, guardianship or conservatorship action$25.0016-2-29(3)(b)
Court automation surcharge$40.0016-2-39
Law library fee$7.0014-6-1
Total, "Guardianships (includes all subsequent papers)"$72.00UJS fee guide

The $7 law library fee applies in a county whose presiding judge has filed the order 14-6-1 requires. The UJS guide prints $72 as the statewide figure. A court may waive filing fees on a motion and affidavit under SDCL 16-2-29.2.

The filing fee is the smallest cost. Other costs commonly include the evaluation report, the nominee's fingerprint background check, any attorney, and a conservator's bond if the court requires one. Under 29A-5-116, the guardian, the conservator, their attorneys, the person's attorney and anyone else the court appoints are entitled to reasonable compensation from the person's estate.

Duties After Appointment

A guardian of a protected person decides support, care, health, habilitation and therapeutic treatment and, unless a commitment or custody order says otherwise, where the person lives. Under SDCL 29A-5-402, the guardian must "exercise authority only to the extent necessitated by the protected person's limitations," encourage the person to take part in decisions, and consider the person's own wishes and values. Under 29A-5-421, a guardian or conservator may not restrict the person's calls, visits or mail with parents, children or siblings without a court order.

The reporting calendar:

FilingDeadlineStatuteUJS form
Conservator's inventoryWithin 90 days of appointment29A-5-407UJS-140 Conservatorship Initial Inventory
Conservator records certified letters with the register of deeds, in the county of appointment and each county where the person owns landWithin 90 days of appointment29A-5-418None
Guardian's reportWithin 60 days after the first anniversary, then at least yearly (a calendar-year report by April 15)29A-5-403UJS-142 Guardian's Annual Report
Conservator's accountingWithin 60 days after the first anniversary, then at least yearly (a calendar-year accounting by April 15)29A-5-408UJS-141 Conservator's Annual Accounting

Each report and accounting lists the compensation requested and the date the guardian or conservator completed the State Bar training. Copies go out within 14 days of filing. Anyone receiving a conservator's accounting has 60 days to object in writing or is barred.

On bond, SDCL 29A-5-111 says the court "may not require the filing of a bond by a guardian except for good cause shown." For a conservator, the court decides, considering the value of the estate and income under the conservator's control, restricted accounts, and whether the nomination asked that bond be waived.

Ending or Changing a Guardianship

Under SDCL 29A-5-508, the protected person, the guardian or conservator, any interested person, or the court on its own may seek to end or change an appointment when the person no longer needs help, the powers granted are too broad or too narrow, the person's capacity has changed, or no suitable guardian or conservator can be found. Under SDCL 29A-5-509, the person has the same rights as at the first hearing, including a jury, which decides only whether the person is still someone for whom a guardian or conservator may be appointed. The court may refuse a repeat jury if one sat on an earlier petition, unless there has been "a substantial change of circumstances."

Removal is a separate petition. SDCL 29A-5-504 lists thirteen grounds, including mismanaging the estate, neglecting the person, failing to file reports, and failing to complete the required training.

South Dakota Court Forms for Guardianship

The Unified Judicial System's guardianship page publishes forms for use after an appointment, plus a guardian and conservator FAQ, a nominee selection checklist, and instructions for the fingerprint background check. Forms we opened include:

  • UJS-140 Conservatorship Initial Inventory
  • UJS-141 Conservator's Annual Accounting
  • UJS-142 Guardian's Annual Report
  • UJS-149 Guardian's Petition to Modify or Terminate Guardianship
  • UJS-152 Protected Persons Petition to Modify, Revoke, or Terminate

The page lists no form for the petition that opens a case, so the evaluation report and petition are usually prepared with an attorney. For questions about the forms, the UJS legal form help line answers at 1-855-784-0004.

Recent Changes to Check

  • 2026. SL 2026, ch 19 (House Bill 1184) amended the definitions in 29A-5-102. The ten defined terms read the same. The closing paragraph now says a reference to a "person" means an interested person, a person alleged to need protection, or a protected person, "but does not refer to a 'person' as defined in § 2-14-2."
  • 2023. SL 2023, ch 95 added the written-findings rule for a passed-over nominee (29A-5-304), the right to an independent evaluation (29A-5-309), and changes to the report and accounting sections (29A-5-403, 29A-5-408).
  • 2021. SL 2021, ch 121 made the State Bar training a condition of every appointment made on or after July 1, 2021.

Settled Estate read each section cited here in the South Dakota Legislature's code on September 27, 2026.

Frequently Asked Questions

What is the difference between a guardian and a conservator in South Dakota?

SDCL 29A-5-102 defines a guardian as one appointed by the court to be responsible for the personal affairs of a minor or protected person, and a conservator as one appointed to be responsible for managing the estate and financial affairs. The court may appoint one, the other, or both, and under 29A-5-304 it need not give both jobs to the same person.

Can the person demand a jury in a South Dakota guardianship case?

Yes. SDCL 29A-5-312 lets the person alleged to need protection demand a jury trial. The jury decides only whether the person is someone for whom a guardian or conservator may be appointed, on clear and convincing evidence. Whether to appoint, what type, and which powers to grant are for the court alone.

How much does it cost to file for guardianship in South Dakota?

The Unified Judicial System's fee guide, effective July 1, 2026, lists Guardianships (includes all subsequent papers) at $72: a $25 filing fee under SDCL 16-2-29(3)(b), a $40 court automation surcharge under 16-2-39, and a $7 law library fee under 14-6-1. A court may waive filing fees on a motion and affidavit under 16-2-29.2.

How do I get an emergency guardian in South Dakota?

South Dakota's emergency mechanism is a temporary guardian or conservator under SDCL 29A-5-315. The court needs a showing of immediate need, that the regular procedure "may result in significant harm", and that no one else has authority to act or the person with authority is unwilling or ineffective. The appointment expires within 90 days unless the court extends it for up to 90 more days for good cause.

Can I choose my own guardian in advance in South Dakota?

Yes. Under SDCL 29A-5-304, anyone with enough capacity to form a preference may nominate a guardian or conservator in writing, by an oral request to the court, or by other competent evidence, and the court shall appoint that nominee if eligible and in the person's best interests. A financial power of attorney may also nominate one under 59-12-7(1). If the court passes over a person named in a validly executed instrument, it must explain why in written findings.

Does a power of attorney avoid guardianship in South Dakota?

Often, while it keeps working. A durable financial power of attorney must say it survives disability (SDCL 59-12-3). If a court later appoints a conservator, 59-12-7(2) terminates the power of attorney unless the court orders otherwise. A health care power of attorney ends when a guardian of the person is appointed, but 59-7-11 makes the guardian follow its stated wishes for medical and end-of-life care.

Can a parent name a guardian for a child in South Dakota?

Yes. SDCL 29A-5-202 lets a parent of an unmarried minor nominate a guardian or conservator by will or other signed writing. The court may appoint that nominee if both parents are dead, the nominee is eligible, and the appointment serves the child's best interests. A child 14 or older may make a nomination of their own, which comes first.

Sources:

  • Title: SDCL chapter 29A-5, South Dakota Guardianship and Conservatorship Act. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5
  • Title: SDCL 29A-5-101, Citation of chapter. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-101
  • Title: SDCL 29A-5-102, Definitions. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2026, ch 19, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-102
  • Title: SDCL 29A-5-108, Filing petition for appointment, jurisdiction. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2011, ch 135, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-108
  • Title: SDCL 29A-5-110, Appointment of individual or entity, qualifications. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2021, ch 121, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-110
  • Title: SDCL 29A-5-111, Filing of acceptance and bond, amount of bond, notice of nonrenewal. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2016, ch 120, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-111
  • Title: SDCL 29A-5-116, Compensation of guardian, conservator, attorneys, and other appointed individuals. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-116
  • Title: SDCL 29A-5-118, Effect, appointment, guardian, conservator, minor, protected person. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2020, ch 214, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-118
  • Title: SDCL 29A-5-119, Training curricula for persons appointed as guardians and conservators. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2021, ch 121, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-119
  • Title: SDCL 29A-5-202, Nomination of guardian or conservator by minor or parent. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-202
  • Title: SDCL 29A-5-208, Hearing, convenience, participants, determination of appointment, findings and conclusions. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-208
  • Title: SDCL 29A-5-210, Appointment of temporary guardian or conservator. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-210
  • Title: SDCL 29A-5-302, Appointment of guardian where capacity lacking to meet requirements for health, care, safety, habilitation, or therapeutic needs. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-302
  • Title: SDCL 29A-5-303, Persons for whom conservator may be appointed. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-303
  • Title: SDCL 29A-5-304, Nomination of guardian or conservator by protected person, appointment in absence of effective nomination. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2023, ch 95, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-304
  • Title: SDCL 29A-5-305, Who may file petition, contents of petition. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2017, ch 230, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-305
  • Title: SDCL 29A-5-306, Report to be included with petition, contents. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-306
  • Title: SDCL 29A-5-308, Notice of hearing for protected person. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-308
  • Title: SDCL 29A-5-309, Contest of appointment by protected person. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2023, ch 95, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-309
  • Title: SDCL 29A-5-312, Hearing for alleged person in need of protection, duty of jury, duty of court. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-312
  • Title: SDCL 29A-5-315, Temporary guardian or conservator of protected person. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-315
  • Title: SDCL 29A-5-402, Responsibility of guardian of protected person. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-402
  • Title: SDCL 29A-5-403, Annual report, guardian of protected person, when filed. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2023, ch 95, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-403
  • Title: SDCL 29A-5-407, Inventory of minor's or protected person's real and personal estate. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-407
  • Title: SDCL 29A-5-408, Annual accounting, conservator, when filed. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2023, ch 95, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-408
  • Title: SDCL 29A-5-418, Filing letters of conservatorship, proper county, constructive notice. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-418
  • Title: SDCL 29A-5-504, Petition to remove guardian or conservator, reasons for removal. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2021, ch 121, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-504
  • Title: SDCL 29A-5-508, Termination, revocation or modification of guardian or conservator. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-508
  • Title: SDCL 29A-5-509, Hearing on petition to terminate, revoke, or modify, jury, duty of court. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5-509
  • Title: SDCL 29A-5A-201, Definitions, significant connection factors. Publisher: South Dakota Legislature. Publication Date: SL 2011, ch 135, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5A-201
  • Title: SDCL 29A-5A-203, Jurisdiction. Publisher: South Dakota Legislature. Publication Date: SL 2011, ch 135, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-5A-203
  • Title: SDCL 59-12-3, Durable power of attorney. Publisher: South Dakota Legislature. Publication Date: SL 2020, ch 214, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/59-12-3
  • Title: SDCL 59-12-7, Nomination of conservator or guardian, relation of agent to court-appointed fiduciary. Publisher: South Dakota Legislature. Publication Date: SL 2020, ch 214, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/59-12-7
  • Title: SDCL 59-7-11, Appointment of guardian terminates power of attorney. Publisher: South Dakota Legislature. Publication Date: SL 2016, ch 120, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/59-7-11
  • Title: SDCL 34-12C-3, Absence of power of attorney or appointed guardian, consent by others. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2007, ch 192, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/34-12C-3
  • Title: SDCL 16-2-29, Fees charged by clerk of courts, exemptions. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2026, ch 92, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/16-2-29
  • Title: SDCL 16-2-29.2, Waiver of filing fees and service costs, motion to court. Publisher: South Dakota Legislature. Publication Date: Not listed, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/16-2-29.2
  • Title: SDCL 16-2-39, Court automation surcharge, amount in civil action, collection. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2010, ch 107, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/16-2-39
  • Title: SDCL 14-6-1, County lawbook and law library fee. Publisher: South Dakota Legislature. Publication Date: Last amended SL 2016, ch 47, accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/14-6-1
  • Title: Guide to Filing Fees and Court Costs, Civil Filings Only. Publisher: South Dakota Unified Judicial System. Publication Date: Effective July 1, 2026. URL: https://ujs.sd.gov/media/pcyowtsx/2027-schedule-of-court-costs.pdf
  • Title: Guardians and Conservators, Guardianship and Conservatorship Forms. Publisher: South Dakota Unified Judicial System. Publication Date: Not listed, accessed 2026-09-27. URL: https://ujs.sd.gov/self-help/civil-law-help/guardianship/
  • Title: Guardianship and Conservatorship Training. Publisher: State Bar of South Dakota. Publication Date: Not listed, accessed 2026-09-27. URL: https://www.statebarofsouthdakota.com/guardianship-conservatorship/

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Information current as of September 27, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in South Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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