Type In Legal South Dakota Guardianship Forms For Free

Parent or guardian means the mother or father of a person under eighteen years of age or one who is legally appointed to the care and management of a person under eighteen years of age or of a person incapable of managing his or her own affairs.

Appointment of guardian or conservator of protected person. A guardian or conservator of a protected person may be appointed upon petition, the filing of an evaluation report and statement of financial resources, and after notice and hearing as provided in this section and §§ 29A-5-302 to 29A-5-315, inclusive.

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.

Any person 18 years of age or older may be a guardian; the harder question is who should be the guardian. Often parents will petition the probate or surrogate court to be the guardians of their child and usually the petition is granted.

Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.