South Dakota Codified Laws 29A-3-915. Distribution to person under disability
(a) A personal representative may discharge an obligation to distribute the share of a person for whom a conservator has been appointed only by distributing to the conservator. If the personal representative is aware that a proceeding for appointment of a conservator is pending, the personal representative shall delay distribution until the proceeding is decided.
(b) A personal representative may discharge an obligation to distribute the share of a minor not under conservatorship by distributing the share as provided in the decedent‘s will or in the absence of directions in the will, by distributing the share to:
Terms Used In South Dakota Codified Laws 29A-3-915
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(1) The minor if married or otherwise emancipated;
(2) A guardian of the minor;
(3) A custodian of the minor as authorized by a uniform gifts or transfers to minors act of any applicable jurisdiction;
(4) A financial institution (as defined in § 29A-6-101) incident to a deposit in an insured savings account or certificate in the sole name of the minor with notice of the deposit to the minor;
(5) Any person responsible for or who has assumed responsibility for the minor’s care or custody, provided that the value of the share to be distributed does not exceed $10,000.
(c) A personal representative may discharge an obligation to distribute the share of an adult person not under conservatorship but who the representative in good faith believes lacks capacity to manage his or her property or financial affairs by distributing the share as provided in the decedent’s will or, in the absence of directions in the will, by distributing the share to:
(1) An agent under a durable power of attorney who has authority to receive and collect property for the adult person;
(2) A guardian of the adult person;
(3) Any person responsible for or who has assumed responsibility for the adult person’s care or custody, provided that the value of the share to be distributed does not exceed $10,000.
(d) The personal representative is not responsible for the proper application of money or property distributed pursuant to this section.
Source: SL 1994, ch 232, § 3-915.