If a protected person is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the guardian or conservator may presume the protected person’s consent to or refusal of the communication, visitation, or interaction based on proof concerning the nature of the protected person’s relationship with the other person.

Terms Used In South Dakota Codified Laws 29A-5-422

  • 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 2016, ch 150, § 2.