Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary
South DakotaStatutes
Ask Donna
How this section applies to your facts.
SD Code › Title 59 › Chapter 12 › Section 59-12-7
Text
(1) In a power of attorney, a principal may nominate a conservator or guardian for consideration by the court. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. A guardian appointed under this section shall be subject to the provisions of § 59-7-11 .
(2) If, after a principal executes a power of attorney, a court appoints a conservator or other fiduciary charged with the management of some or all of the principal's property, the power of attorney is terminated and the agent shall account to the conservator or other court-appointed fiduciary and promptly deliver any property of the principal in the agent's possession to the conservator or other court-appointed fiduciary unless otherwise ordered by the court.
Source: SL 2020, ch 214, § 7.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.