Terms used in this chapter mean:

(1) “Absentee,” any individual who has disappeared, who has been forcibly detained either illegally or by a foreign power, or who is otherwise located in a foreign country and is unable to return;

Terms Used In South Dakota Codified Laws 29A-5-102

  • 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.
  • guardian: includes a "limited guardian" and any reference to a "conservator" includes a "limited conservator. See South Dakota Codified Laws 29A-5-102
  • person: refers to either an "interested person" a "person alleged to need protection" or a "protected person" as the context requires, and does not refer to a "person" as defined in §. See South Dakota Codified Laws 29A-5-102

(2) “Conservator,” one appointed by the court to be responsible for managing the estate and financial affairs of a minor or protected person;

(3) “Court representative,” any individual appointed by the court to make investigations and recommendations as provided in this chapter or as otherwise ordered by the court;

(4) “Guardian,” one appointed by the court to be responsible for the personal affairs of a minor or protected person, but excludes one who is merely a guardian ad litem;

(5) “Interested person,” any individual who is the subject of a guardianship or conservatorship proceeding, and any entity, public agency, or other individual with an interest in the proceeding, either generally or as to a particular matter;

(6) “Limited conservator,” one appointed by the court who has only those responsibilities for managing the estate and financial affairs of a minor or protected person as are specified in the order of appointment;

(7) “Limited guardian,” one appointed by the court who has only those responsibilities for the personal affairs of a minor or protected person as are specified in the order of appointment;

(8) “Minor,” any individual under eighteen years of age;

(9) “Person alleged to need protection,” any individual for whom the appointment of a guardian or conservator is being sought other than for reasons of minority;

(10) “Protected person,” any individual for whom a guardian or conservator has been appointed other than for reasons of minority.

Unless the context otherwise requires, any reference to a “guardian” includes a “limited guardian,” and any reference to a “conservator” includes a “limited conservator.” Any reference to a “conservator” also includes a guardian with authority to manage the estate and financial affairs of a minor or protected person who was appointed prior to July 1, 1993. Any reference to a “person” refers to either an “interested person,” a “person alleged to need protection,” or a “protected person,” as the context requires, and does not refer to a “person” as defined in § 2-14-2(18).

Source: SL 1993, ch 213, § 2; SDCL 30-36-2; SL 1995, ch 167, §§ 176, 181.