South Dakota Petition to Terminate Guardianship on Death of Protected Person
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How to fill out South Dakota Petition To Terminate Guardianship On Death Of Protected Person?
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FAQ
Codified Laws § 29A-5-507. A guardianship or conservatorship of a protected person shall terminate upon the death of the protected person, if jurisdiction is transferred to another state, or if ordered by the court following a hearing.
Unfortunately, once the court establishes a legal guardianship, it can be difficult to end, or ?terminate,? the guardianship. If the guardians agree with you that the guardianship can be ended, you and the guardians can prepare and sign a written statement ending the guardianship and giving the child back to you.
1. (a) Any person may file a petition for the appointment of a person to serve as guardian for an incapacitated person or minor under this chapter or to have a protective order issued under IC 29-3-4.
In short, you will have the right to make decisions regarding the minor's care, custody, and control. If you have guardianship over the person and estate, you will have full authority over the minor and any money the minor has or receives.
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.
Temporary Guardianship: In the event of a medical emergency, a temporary guardian can be appointed to have full-control of a person's affairs but for a period of only 90 days.
O Note: A guardianship over a minor may continue past the age of 18 where the person has been determined to be incapacitated or is extended until age 22.
Guardianship is a permanent commitment to be responsible for the well being and support of a child until they reach adulthood. As a guardian, you have the authority to make medical and educational decisions for the child.