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When A Court Appoints A Guardian

SDCL § 29A-5-302 — a guardian for health, care and safety, and a conservator for property and money

A guardian may be appointed for someone whose ability to respond to people, events and environments is so impaired that they cannot meet the essential requirements of their health, care, safety, habilitation or therapy without one.

  • SDCL § 29A-5-302
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A conservator may be appointed for someone so impaired that they cannot manage property or financial affairs or provide support for themselves or dependents without one.

  • SDCL § 29A-5-303

Before adulthood. Either may be appointed for a minor whose need will likely continue into adult years.

  • SDCL § 29A-5-302
  • SDCL § 29A-5-303

A power of attorney can make a guardianship unnecessary. A particular case is a question for a licensed South Dakota attorney.

  • SDCL § 29A-5-302
Sources for this section (2)
  1. SDCL § 29A-5-302 — Appointment of guardian where capacity lacking to meet requirements for health, care, safety, habilitation, or therapeutic needs
  2. SDCL § 29A-5-303 — Persons for whom conservator may be appointed

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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