South Dakota § 22-46-14 Additional penalties against perpetrator for exploitation.

South Dakota Statutes

§ 22-46-14 — Additional penalties against perpetrator for exploitation.

South Dakota § 22-46-14

Title 22CRIMES

Ch. 22-46ABUSE, NEGLECT, OR EXPLOITATION OF ELDERS OR ADULTS WITH DISABILITIES

This text of South Dakota § 22-46-14 (Additional penalties against perpetrator for exploitation.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 22-46-14 (2026).

Text

In addition to the damages prescribed in § 22-46-13 , the court may impose the following penalties:

(1)Revoke, in whole or in part, any revocable:

(a)Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongeneral power of appointment on the perpetrator; and (b) Nomination or appointment by the elder or adult with a disability that is contained in a governing instrument that nominates or appoints the perpetrator to serve in any fiduciary or representative capacity, including serving as a personal representative, executor, guardian, conservator, trustee, attorney in fact, or agent;

(2)Sever the interests of the elder or adult with a disability and the perpetrator in any property that is held by them at the tim

Free access — add to your briefcase to read the full text and ask questions with AI

In addition to the damages prescribed in § 22-46-13 , the court may impose the following penalties: (1) Revoke, in whole or in part, any revocable: (a) Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongeneral power of appointment on the perpetrator; and (b) Nomination or appointment by the elder or adult with a disability that is contained in a governing instrument that nominates or appoints the perpetrator to serve in any fiduciary or representative capacity, including serving as a personal representative, executor, guardian, conservator, trustee, attorney in fact, or agent; (2) Sever the interests of the elder or adult with a disability and the perpetrator in any property that is held by them at the time of the violation as joint tenants with the right of survivorship and transform the interests of the elder or adult with a disability and the perpetrator into tenancies in common. To the extent that the perpetrator did not provide adequate consideration for the jointly held interest, the court may cause the person's interest in the subject property to be forfeited in whole or in part.