S.D. Codified Laws § 59-12-15

Current through the 2024 Legislative Session
Section 59-12-15 - Judicial relief
(1) In addition to any petition under chapter 21-65, the following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
(a) The principal or the agent;
(b) A guardian, conservator, or other fiduciary acting for the principal;
(c) A person authorized to make health care decisions for the principal;
(d) The principal's spouse, parent, or descendant;
(e) An individual who would qualify as a presumptive heir of the principal;
(f) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(g) A governmental agency having regulatory authority to protect the welfare of the principal;
(h) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(i) A person asked to accept the power of attorney.
(2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.

SDCL 59-12-15

SL 2020, ch 214, § 15.
Added by S.L. 2020, ch. 214,s. 15, eff. 7/1/2020.