South Dakota Codified Laws 29A-5A-102. Definitions
In this chapter:
(1) “Adult” means an individual who has attained eighteen years of age.
Terms Used In South Dakota Codified Laws 29A-5A-102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 29A-5.
(3) “Guardian” means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 29A-5, but excludes one who is merely a guardian ad litem.
(4) “Guardianship order” means an order appointing a guardian, limited guardian, or temporary guardian.
(5) “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) “Party” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(7) “Person,” except in the term, protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) “Protected person” means an adult for whom a guardian or conservator has been appointed.
(9) “Protective order” means an order appointing a conservator or other order related to management of an adult’s property.
(10) “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued.
(11) “Provisional order” means a temporary, preliminary, or tentative order which must be finalized by a subsequent order.
(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) “Respondent” means an adult alleged to need protection for whom a protective order or the appointment of a guardian is sought.
(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
Source: SL 2011, ch 135, § 102.