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A guardian or conservator can only be appointed by the court. 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.

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 legal guardian can only be appointed by someone who has parental responsibility for the child, such as a parent or special guardian, although a court can also rule on parental responsibility.

The father of the child is seen as the sole guardian and has the legal right of guardianship, but this right can be removed or altered when the father is proven to be incapable to take good care of his child. Whereas a mother is the said to be the guardian of the child for as long as she lives.

A guardian or conservator can only be appointed by the court. 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.

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.