In case of a breach of any condition on a guardian‘s or conservator’s bond, an action may be maintained by any interested person for the use and benefit of the minor, the protected person, or the estate. However, no action may be maintained against the sureties on a bond unless such action is filed within four years after the guardian‘s or conservator’s discharge or removal or within four years from the date the order surcharging the guardian or conservator becomes final, whichever is later.

Terms Used In South Dakota Codified Laws 29A-5-112

  • 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

Source: SL 1993, ch 213, § 12; SDCL 30-36-12; SL 1995, ch 167, § 181.

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