South Dakota Codified Laws 55-18-17. Discretion of representative–Fiduciary status
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A representative may make a decision with broad discretion and no representative is liable for an action or omission unless the representative:
(1) Acts dishonestly;
Terms Used In South Dakota Codified Laws 55-18-17
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Fiduciary: A trustee, executor, or administrator.
(2) Acts with an improper motive; or
(3) Fails, if under a duty to do so, to act.
A representative may represent any number of persons. A representative is not a fiduciary solely by reason of being a representative unless otherwise ordered by the court, expressly affirmed in writing by the representative, or provided in the governing instrument.
The provisions of this section do not expand or diminish the duties of an attorney.
Source: SL 2017, ch 208, § 17.