South Dakota Codified Laws 29A-5-428. Protected person–Alleged abuse, neglect, or self-dealing by the guardian or conservator
Current as of: 2023 | Check for updates
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If the court receives any verbal or written communication from a protected person alleging that a guardian or conservator is abusing or neglecting the protected person or is engaging in self-dealing with respect to the protected person’s property, or the guardianship or conservatorship is no longer necessary and should be terminated, and the communication contains credible and substantial evidence, which in context of the entire record, supports the allegation, the court must treat the communication as a petition under § 29A-5-504.
Terms Used In South Dakota Codified Laws 29A-5-428
- Allegation: something that someone says happened.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
Source: SL 2023, ch 95, § 6.