S.D. Codified Laws § 29A-5-424

Current through the 2024 Legislative Session
Section 29A-5-424 - Good cause factors for restricting interaction

A court may issue an order restricting the communications, visitations, or interactions that the other person may have with a protected person upon a showing of good cause by a guardian or conservator. In determining whether to issue an order, a court shall consider the following factors:

(1) Whether any protective order has been issued to protect the protected person from the other person;
(2) Whether the other person has been charged with abuse, neglect, or financial exploitation of the protected person;
(3) Whether the protected person has expressed a desire to communicate, visit, or interact with the other person or has expressed a desire not to communicate, visit, or interact with the other person;
(4) If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the protected person with regard to the other person's communication, visitation, or interaction with the protected person; and
(5) Any other factor deemed relevant by the court.

SDCL 29A-5-424

SL 2016, ch 150, §4.
Added by S.L. 2016, ch. 150,s. 5, eff. 7/1/2016.