Annotate Legal South Dakota Standby Temporary Guardian Forms For Free

The appointment of a guardian or conservator of a protected person does not constitute a general finding of legal incompetence unless the court so orders, and the protected person shall otherwise retain all rights which have not been granted to the guardian or conservator, with the exception of the ability to create an ...

A petition explaining the need for a guardianship or conservatorship must be filed. An evaluation report from a doctor, a licensed psychologist, or a psychiatrist must be completed and filed with the court. A financial statement showing the financial resources of the protected person must also be prepared and filed.

Under South Dakota law, the temporary guardianship or conservatorship of a minor child cannot be longer than 6 months, and the temporary guardianship or conservatorship of a protected person cannot be longer than 90 days, unless extended for an additional 90 days by court order.

If a Guardian and Conservator is seeking to terminate the guardianship/conservatorship, the Guardian and Conservator must include the Final Report (UJS 142) and Final Accounting with Objection Notice (UJS 141). SDCL 29A-5-401, 29A-5-403. Do not sign the form until you are in the presence of a notary or clerk.

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

Under South Dakota law, a ?guardian? has authority over personal and healthcare decisions while a ?conservator? has authority over the protected person's property and financial affairs.