[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Receiving Party’s Name] [Receiving Party’s Address] [City, State, ZIP Code] Subject: South Dakota Conservatorship — Agreed Order Substituting Counsel Dear [Receiving Party’s Name], I hope this letter finds you in good health and high spirits. I am writing to you today on behalf of [Your Client’s Name], who is seeking a change in legal representation for their conservatorship proceedings in South Dakota. This letter serves as a formal request, pursuant to South Dakota law, for an Agreed Order Substituting Counsel. As you may be aware, a conservatorship is a legal arrangement in which a court appoints a responsible individual, known as the conservator, to manage the financial and personal affairs of another person, referred to as the conservative. In South Dakota, these matters are governed by [Insert relevant South Dakota statute or code]. [Your Client’s Name] currently holds the position of conservator for [Conservative’s Name], and after careful consideration, they have decided to seek new legal representation. This decision has been made to ensure that the conservatorship proceedings continue smoothly and in the best interests of the conservative. [Your Client’s Name] is committed to identifying an experienced and capable attorney who specializes in conservatorship matters in South Dakota. We believe that a change in legal representation will help facilitate a more collaborative and efficient process, enabling the conservative to receive the necessary care and attention they require. In order to proceed with the substitution of counsel, we respectfully request your cooperation and consent to an Agreed Order. This order would officially acknowledge the substitution of counsel and outline the necessary steps and responsibilities going forward. We understand that your primary concern is the well-being and interest of the conservative. It is our shared goal to ensure a seamless transition and to maintain open lines of communication throughout this process. I am confident that with your professional approach, we can work together to create a positive outcome for all parties involved. Please review the attached proposed Agreed Order Substituting Counsel, which outlines the terms and conditions for this substitution. Should you have any concerns or require further clarification, we are more than willing to address them promptly. Upon reaching a mutual agreement, we kindly request that you sign and return a copy of the order to our office. Thank you for your attention to this matter. We look forward to working cooperatively with you to serve the best interests of the conservative. Should you have any questions or require additional information, please do not hesitate to contact me at your convenience. Wishing you continued success and good health. Yours sincerely, [Your Name] [Your Law Firm/Organization Name] [Your Law Firm/Organization Address] [City, State, ZIP Code] [Email Address] [Phone Number] Enclosure: Proposed Agreed Order Substituting Counsel.
South Dakota Sample Letter regarding Conservatorship - Agreed Order Substituting Counsel
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FAQ
An individual retains all rights not granted to the guardian/conservator through the appointment by the court. For example, the guardian/conservator does not have the right to change an individual's state of residence, marital status, parental rights, or power of attorney without the court's specific authorization.
Upon proof of the notice required by § 25-5A-9 and personal service as required by §§ 25-5A-11 and 25-5A-12 to all parents and putative fathers of a child, if, after the court determines that the parents have consented or have waived consent pursuant to § 25-6-4, the court finds that the termination of parental rights ...
Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.
Under South Dakota law, the temporary guardianship or conservatorship of a minor child cannot be longer than 6 months, and the temporary guardianship or conservatorship of a protected person cannot be longer than 90 days, unless extended for an additional 90 days by court order.
Conservators are court-appointed individuals who are given the ability to manage another person's finances and personal affairs. They're able to limit the conservatee's spending and, depending on the extent of the conservatorship, any other financial and personal decisions.
Under South Dakota law, a ?guardian? has authority over personal and healthcare decisions while a ?conservator? has authority over the protected person's property and financial affairs.
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.