South Dakota Codified Laws 29A-5-424. Good cause factors for restricting interaction
A court may issue an order restricting the communications, visitations, or interactions that the other person may have with a protected person upon a showing of good cause by a guardian or conservator. In determining whether to issue an order, a court shall consider the following factors:
(1) Whether any protective order has been issued to protect the protected person from the other person;
Terms Used In South Dakota Codified Laws 29A-5-424
- 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
- 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
(2) Whether the other person has been charged with abuse, neglect, or financial exploitation of the protected person;
(3) Whether the protected person has expressed a desire to communicate, visit, or interact with the other person or has expressed a desire not to communicate, visit, or interact with the other person;
(4) If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the protected person with regard to the other person’s communication, visitation, or interaction with the protected person; and
(5) Any other factor deemed relevant by the court.
Source: SL 2016, ch 150, § 4.