South Dakota Standby Guardianship Guide

State:
Multi-State
Control #:
US-ADOP6
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PDF
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Description

This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.

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FAQ

Parents should determine the criteria for an ideal guardian and choose potential candidates. Next, they should consider each candidate's relationship with the children, financial/emotional stability, and willingness to take on the role.

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.

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.

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.

(1) That he is at least sixteen years of age; (2) That he willingly lives separate and apart from his parents or guardian with the consent or acquiescence of his parents or guardian; (3) That he is managing his own financial affairs; (4) That the source of his income is not derived from any activity declared to be a ...

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.

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South Dakota Standby Guardianship Guide