South Dakota Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a South Dakota court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on SDCL 29A-5-101 through 29A-5-510 (Title 29A, Chapter 29A-5, Guardianship and Conservatorship), with jurisdiction between states under SDCL chapter 29A-5A

By Settled Estate EditorialPublished: June 28, 2026Updated: September 27, 2026

What guardianship and conservatorship mean here

In South Dakota a guardianship or conservatorship is a case in the circuit court, filed with the clerk of courts. A guardian handles personal decisions such as care, health and where the person lives. A conservator manages money and property. The court may appoint one, the other, or both, and may limit either to named areas. For an adult, the petition must include an evaluation report signed by a physician, psychiatrist or licensed psychologist, the hearing must be set within 60 days, and the person may demand a jury. The need for a guardian or conservator must be proved by clear and convincing evidence, and the court must weigh less restrictive alternatives. Every nominee must file a criminal history check and a State Bar training certificate before the judge signs the appointment.

South Dakota uses guardian for personal affairs and conservator for the estate and financial affairs. An adult who needs help is called a person alleged to need protection until the court rules, and a protected person after an appointment. A limited guardian or limited conservator holds only the powers listed in the order. A court representative is a person the court appoints to investigate and report; South Dakota does not use the term visitor.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of a Protected Person (Full or Limited)

The court appoints a guardian to make decisions about an adult's support, care, health, habilitation and therapeutic treatment, and to decide where the person lives unless that conflicts with a commitment or custody order. A limited guardian holds only the areas listed in the order and on the letters. The guardian must keep enough contact to know the person's needs, consider the person's own wishes and values, and file an annual report.

SDCL 29A-5-302; 29A-5-402; 29A-5-102(7); 29A-5-314

Conservator of a Protected Person (Full or Limited)

The court appoints a conservator to manage an adult's estate and financial affairs as a fiduciary. A conservator may invest under the prudent investor standard of chapter 55-5, pay bills, sell or lease property and hire professionals without asking the court first, but must file an inventory within 90 days and an accounting each year, and must record the letters with the register of deeds. A limited conservator holds only the listed areas.

SDCL 29A-5-303; 29A-5-405; 29A-5-411; 29A-5-102(6)

Conservator for an Absentee

A conservator may be appointed for a person who has disappeared, is detained illegally or by a foreign power, or is abroad and unable to return, when their estate or financial affairs need care. No evaluation report is required, the court need not appoint a court representative, and the notice must be published once a week for three weeks in a legal newspaper of the county, the last at least ten days before the hearing.

SDCL 29A-5-303; 29A-5-306; 29A-5-308; 29A-5-309

More guardianship types5 additional arrangements courts use in specific situations, with statute cites

Guardian or Conservator of a Minor

For a child under 18, the court may appoint a guardian for the child's care, education and residence, a conservator for the child's property, or both. The petition is heard within 60 days, and the court appoints only if that is in the child's best interests. A minor 14 or older may nominate the guardian, and a parent may nominate one by will or other signed writing. The guardianship ends at 18, death, adoption or emancipation.

SDCL 29A-5-201; 29A-5-202; 29A-5-401; 29A-5-505

Guardian for a Minor Whose Need Will Continue Into Adulthood

A guardian or conservator for a minor may be appointed under the adult rules, without regard to age, when the minor meets the adult test and the need will likely continue into adult years. This lets a family set up protection that does not end automatically at 18.

SDCL 29A-5-302; 29A-5-303

Temporary Guardian or Conservator

For an adult, the court may appoint a temporary guardian or conservator on a showing of immediate need and risk of significant harm, for up to 90 days plus one extension of up to 90 more for good cause. For a minor, a temporary appointment requires an immediate need and the child's best interests, and may not last more than six months. A temporary appointee has only the powers written in the order.

SDCL 29A-5-315; 29A-5-210

Co-Guardians, Co-Conservators and Successors

The court may appoint more than one guardian or conservator and need not give both roles to the same person. When more than one serves, a majority must agree to use a power unless powers were delegated or the court allows otherwise. The court may also name a successor in advance, who takes over when the first appointment ends and must file an acceptance and any bond within 60 days.

SDCL 29A-5-304; 29A-5-416; 29A-5-502

Guardian or Conservator Appointed in Another State

A guardian or conservator appointed elsewhere may ask a South Dakota court for appointment here by filing a petition, proof of appointment and a certified copy of the out-of-state record; notice goes out at least 14 days before the hearing, and the court appoints unless that is against the person's best interests. An out-of-state guardianship order may instead be registered as a foreign judgment in any appropriate county if no petition is pending here.

SDCL 29A-5-114; 29A-5A-401

The South Dakota guardianship court process

1Weigh the less restrictive options firstThe court must consider whether less restrictive alternatives are available and how to protect the person's maximum feasible self-reliance, and may grant only the areas of protection actually needed.

The court must consider whether less restrictive alternatives are available and how to protect the person's maximum feasible self-reliance, and may grant only the areas of protection actually needed. A durable power of attorney, a health care power of attorney, a living will, or South Dakota's health care consent statute may make a guardianship unnecessary.

2Confirm South Dakota can hear the caseA South Dakota court may appoint a guardian or conservator for an adult if South Dakota is the adult's home state, meaning the adult was physically present here for at least six consecutive months immediately before the petition, or in the other situations the interstate act allows.

A South Dakota court may appoint a guardian or conservator for an adult if South Dakota is the adult's home state, meaning the adult was physically present here for at least six consecutive months immediately before the petition, or in the other situations the interstate act allows. For a minor, file with the clerk of courts in the county where the child lives or is present.

3Get the evaluation reportHave a physician, psychiatrist or licensed psychologist sign an evaluation report covering the person's cognitive and functional limits, current services, the recommended type and scope of appointment, whether the person can attend the hearing, and any medications that may affect them.

Have a physician, psychiatrist or licensed psychologist sign an evaluation report covering the person's cognitive and functional limits, current services, the recommended type and scope of appointment, whether the person can attend the hearing, and any medications that may affect them. The report is filed with the petition.

4File the petition and financial statementFile the petition with the clerk of courts, stating the person's relatives, caregivers, any agents under a power of attorney (with copies attached), the type of appointment sought, and for a limited appointment the specific areas requested.

File the petition with the clerk of courts, stating the person's relatives, caregivers, any agents under a power of attorney (with copies attached), the type of appointment sought, and for a limited appointment the specific areas requested. Before the hearing, also file a statement of the person's financial resources. The filing fee is $72 statewide, which covers all later papers in the case.

5The nominee completes the background check and trainingThe proposed guardian or conservator obtains an Interstate Identification Index criminal history check and a South Dakota civil judgment check for elder or disabled-adult abuse, neglect or exploitation, files the results at least ten days before the hearing, and completes the State Bar training and files the certificate.

The proposed guardian or conservator obtains an Interstate Identification Index criminal history check and a South Dakota civil judgment check for elder or disabled-adult abuse, neglect or exploitation, files the results at least ten days before the hearing, and completes the State Bar training and files the certificate. The judge cannot sign the appointment order without them unless the court waives them for good cause.

6Notice of hearingThe court promptly sets a hearing within 60 days.

The court promptly sets 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, 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 10 or older named in the petition.

7Attorney or court representativeThe court must appoint an attorney for the person if the person asks, wants to contest, or needs one.

The court must appoint an attorney for the person if the person asks, wants to contest, or needs one. If the person has no attorney, the court must either appoint a court representative, who visits the person, explains the notice and petition, and reports a recommendation, or order the person to attend the hearing.

8The hearingThe person may attend, oppose the petition, have an attorney of their choice, demand a jury, present evidence and cross-examine witnesses.

The person may attend, oppose the petition, have an attorney of their choice, demand a jury, present evidence and cross-examine witnesses. The proposed guardian or conservator must attend unless excused. The need for an appointment must be proved by clear and convincing evidence, and the court decides the type and the specific powers, making findings if anyone asks.

9Acceptance, bond and lettersThe appointment takes effect and letters issue only after the guardian or conservator files an acceptance of office and any required bond.

The appointment takes effect and letters issue only after the guardian or conservator files an acceptance of office and any required bond. Letters for a limited appointee list the specific powers granted.

10Mail the order within 14 daysWithin 14 days after appointment, the guardian or conservator mails the order, with a brief statement of the right to seek termination or modification, to the protected person and everyone who received notice of the petition.

Within 14 days after appointment, the guardian or conservator mails the order, with a brief statement of the right to seek termination or modification, to the protected person and everyone who received notice of the petition. A conservator must also record certified letters with the register of deeds in the county of appointment and in every county where the person owns land within 90 days.

11Inventory, reports and accountingsA conservator files an inventory within 90 days of appointment.

A conservator files an inventory within 90 days of appointment. Guardians file a report, and conservators an accounting, within 60 days after the first anniversary and at least yearly after that (or by April 15 for a calendar-year report), mailing copies within 14 days to those entitled to notice. Objections to an accounting must be made in writing within 60 days of receipt.

12Modify, restore rights or end the caseThe protected person, the guardian or conservator, any interested person or the court may seek to end or change the appointment if the person no longer needs it, the powers are too broad or too narrow, the person's capacity has changed, or no suitable guardian can be found.

The protected person, the guardian or conservator, any interested person or the court may seek to end or change the appointment if the person no longer needs it, the powers are too broad or too narrow, the person's capacity has changed, or no suitable guardian can be found. The person has the same rights, including a jury, as at the first hearing. The appointment ends on the protected person's death.

How long it takes

South Dakota's statute sets the adult hearing within 60 days of filing the petition and evaluation report, with personal service on the person at least 14 days before it, so an uncontested case can reach a hearing in about two months. The nominee's background check results must be on file at least ten days before the hearing, and the training certificate before the order is signed, so starting those early matters. A contested case or a jury demand takes longer.

Adult hearing: within 60 days after the petition and evaluation report are filed (29A-5-308)
Personal service on the person: at least 14 days before the hearing (29A-5-308)
Mailed notice to relatives and others: at least 14 days before the hearing (29A-5-308)
Background check results filed: at least 10 days before the hearing (29A-5-110)
Evaluation older than three months: needs a clinician's statement of no material change (29A-5-306)
Order mailed after appointment: within 14 days (29A-5-313)
Temporary order mailed: within 5 days (29A-5-315)
Temporary guardian of an adult maximum: 90 days, plus one extension of up to 90 days for good cause (29A-5-315)
Temporary guardian of a minor maximum: 6 months (29A-5-210)
Conservator inventory due: within 90 days of appointment (29A-5-407)
Letters recorded with register of deeds: within 90 days of appointment (29A-5-418)
First guardian report and conservator accounting: within 60 days after the first anniversary of appointment (29A-5-403; 29A-5-408)
Calendar year report or accounting: by April 15 of the following year (29A-5-403; 29A-5-408)
Objection to an accounting: within 60 days after receiving it (29A-5-408)
Hearing request on a guardian report: within 60 days of its filing (29A-5-403)
Successor acceptance and bond: within 60 days after taking over (29A-5-502)
Minor guardianship hearing: within 60 days of filing (29A-5-204)
Bond claims against sureties: within 4 years after discharge, removal or a final surcharge order (29A-5-112)

Alternatives to consider before guardianship

Durable Financial Power of Attorney

A South Dakota power of attorney survives the principal's incapacity ONLY if it says so, with words such as 'This power of attorney shall not be affected by disability of the principal' or similar; it is not durable by default. It must be signed and acknowledged before a notary. It can also nominate a future conservator or guardian. It avoids a conservatorship only while it works, because a later court appointment of a conservator terminates it.

SDCL 59-12-3; 59-12-4; 59-12-7

Durable Power of Attorney for Health Care

An adult may name an agent to make any health care decision while the adult lacks capacity. It must be signed by the principal, or by someone in the principal's conscious presence at the principal's direction, and witnessed by two adults or by a notary public. A later appointment of a guardian of the person ends it, but the guardian must follow its stated wishes for medical and end-of-life care.

SDCL 59-7-2.1; 59-7-11

Living Will Declaration

A competent adult may sign a declaration about withholding or withdrawing life-sustaining treatment, witnessed by two adults or notarized. It must state the person's wishes about artificial nutrition and hydration. It covers end-of-life treatment only, not day-to-day decisions.

SDCL 34-12D-2

Health Care Consent by Family Without a Court Order

When there is no health care agent or guardian available, South Dakota lets family decide medical care for an incapacitated adult in this order: spouse, adult child, parent, adult sibling, grandparent or adult grandchild, adult aunt, uncle, cousin, niece or nephew, then a close friend. A person may disqualify a family member in advance by a signed document or a note in the medical record. This covers health care decisions only, not money or housing.

SDCL 34-12C-3; 34-12C-2

Revocable Living Trust

A trust with a successor trustee can manage assets moved into it without a conservatorship. In South Dakota a trust is IRREVOCABLE unless its terms expressly reserve the settlor's power to revoke or modify it, so a trust meant to stay changeable must say so.

SDCL 55-3-6

Limited Guardianship or Limited Conservatorship

When some protection is needed, the petition can ask for only specific areas of help, and the court decides the specific areas of protection, management and assistance. The letters list the powers granted, and the person keeps every right not given to the guardian or conservator.

SDCL 29A-5-305; 29A-5-312; 29A-5-314; 29A-5-118

Planning ahead: naming a guardian in advance

Naming a guardian in advance: South Dakota lets an adult choose a future guardian or conservator ahead of time. 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 any other competent evidence, and the court must appoint that nominee if eligible and in the person's best interests. A financial power of attorney may also nominate a conservator or guardian, and the court must follow the most recent nomination except for good cause or disqualification. If the court passes over someone named in a validly executed instrument, it must explain why in written findings.

Guardianship costs

Court filing fee: $72 statewide to open a guardianship or conservatorship case ($25 filing fee, $40 court automation surcharge and $7 law library fee), and that one fee covers all later papers in the case, per the Unified Judicial System's Schedule of Court Costs effective July 1, 2026. A fee waiver is available on a motion and affidavit of inability to pay.
Background check: Paid by the nominee: an Interstate Identification Index fingerprint criminal history check plus a South Dakota civil judgment search, filed at least ten days before the hearing. Not required for a temporary appointment.
Guardian training: The State Bar of South Dakota publishes the required guardian and conservator training videos online, with a certificate the nominee files with the clerk of courts.
Attorney fees for the petition: $2,500 to $8,000 nationally for an uncontested case, more if contested or if a jury is demanded. Attorneys for the petitioner, the guardian or conservator and the person may all be paid reasonable fees from the person's estate with court approval.
Medical or capacity evaluation: $300 to $2,000 nationally for the physician's, psychiatrist's or licensed psychologist's evaluation report that must be filed with the petition.
Court representative: If the court appoints one, reasonable compensation is paid from the person's estate.
Bond premium: Only if the court requires a bond, which it may not do for a guardian except for good cause. A conservator's bond premium commonly runs about 0.5 percent of the bonded amount a year nationally.
Annual reporting preparation: Little beyond time if the guardian or conservator completes the UJS-141 or UJS-142 form; $500 to $2,500 a year nationally if an attorney or accountant prepares a conservator's accounting.

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in South Dakota?

What are the alternatives to guardianship in South Dakota?

Less restrictive alternatives in South Dakota include Durable Financial Power of Attorney, Durable Power of Attorney for Health Care, Living Will Declaration, Health Care Consent by Family Without a Court Order. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the South Dakota guardianship process take?

Do I need a lawyer to file for guardianship in South Dakota?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some South Dakota courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in South Dakota: what is the difference?

Statutes and sourcesOfficial references used for this page

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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.