S.D. Codified Laws § 29A-5-426

Current through the 2024 Legislative Session

Section 29A-5-426 - Proceedings for violation of court order or abuse of discretion by guardian or conservator-Removal

If any person, including the protected person, reasonably believes that a guardian or conservator has violated a court order or abused the guardian's or conservator's discretion in applying § 29A-5-422, the person may move the court to:

(1) Require the guardian or conservator to grant a person access to the protected person;

(2) Restrict, or further restrict, a person's access to the protected person;

(3) Modify the guardian or conservator's duties; or

(4) Remove the guardian or conservator pursuant to this chapter.

A guardian or conservator who knowingly isolates a protected person and has violated §§ 29A-5-421 to 29A-5-426, inclusive, or an order issued pursuant to §§ 29A-5-421 to 29A-5-426, inclusive, is subject to removal pursuant to this chapter.

A person appointed to a guardian or conservator prior to July 1, 2021, who fails to complete or timely complete the training curricula required pursuant to § 29A-5-119 is subject to removal pursuant to this chapter.

SDCL 29A-5-426

SL 2016, ch 150, §6; SL 2021, ch 121, §5.

Amended by S.L. 2021, ch. 121,s. 5, eff. 7/1/2021.