South Dakota Codified Laws 29A-5-402. Responsibility of guardian of protected person
A guardian of a protected person shall make decisions regarding the protected person’s support, care, health, habilitation, therapeutic treatment, and, if not inconsistent with an order of commitment or custody, shall determine the protected person’s residence. A guardian shall maintain sufficient contact with the protected person to know of the protected person’s capabilities, limitations, needs, and opportunities.
A guardian shall exercise authority only to the extent necessitated by the protected person’s limitations, and if feasible, shall encourage the protected person to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage personal affairs. A guardian shall, to the extent known, consider the express desires and personal values of the protected person when making decisions, and shall otherwise act in the protected person’s best interests and exercise reasonable care, diligence, and prudence.
Terms Used In South Dakota Codified Laws 29A-5-402
- 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, § 45; SDCL 30-36-45; SL 1995, ch 167, § 181.