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South Dakota Petition to Terminate Guardianship-Conservatorship on Death of Protected Person

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South Dakota
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SD-SKU-0414
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Petition to Terminate Guardianship-Conservatorship on Death of Protected Person

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FAQ

What is a Conservatorship? A conservatorship is a court process where a North Dakota state district court judge or judicial referee decides whether an individual is unable to manage their property or financial affairs (or both) to the point where a conservator must be appointed to take either limited or full control.

If the guardians agree with you that the guardianship can be ended, you and the guardians can prepare and sign a written statement ending the guardianship and giving the child back to you. You must give the agreement to the guardianship court for approval before the guardianship can be ended.

A South Dakota Guardian of Minor Power of Attorney Form enables parents to empower an agent with the ability and authority to safeguard the well-being of their children when they are otherwise unavailable or unattainable.

A petition explaining the need for a guardianship or conservatorship must be filed. An evaluation report from a doctor, a licensed psychologist, or a psychiatrist must be completed and filed with the court. A financial statement showing the financial resources of the protected person must also be prepared and filed.

Codified Laws § 29A-5-507. A guardianship or conservatorship of a protected person shall terminate upon the death of the protected person, if jurisdiction is transferred to another state, or if ordered by the court following a hearing.

Temporary Guardianship: In the event of a medical emergency, a temporary guardian can be appointed to have full-control of a person's affairs but for a period of only 90 days.

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South Dakota Petition to Terminate Guardianship-Conservatorship on Death of Protected Person