A principal may nominate by a durable power of attorney for health care a guardian of the principal’s person or conservator of the principal’s estate for consideration by the court if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney for health care. Except for good cause shown or disqualification, the court shall make an appointment under this section in accordance with the principal’s most recent nomination.

Terms Used In South Dakota Codified Laws 59-7-2.4

  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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

Source: SL 1977, ch 418, § 4; SL 1993, ch 213, § 261; SL 2020, ch 214, § 45.

  Previous section
Next section  
 Chapter 7 Contents