§ 29A-5-208 — Hearing--Convenience--Participants--Determination of appointment--Findings and conclusions.

South Dakota § 29A-5-208

• Jurisdiction: South Dakota
• Title 29A: UNIFORM PROBATE CODE
• Ch. 29A-4: SOUTH DAKOTA GUARDIANSHIP AND CONSERVATORSHIP ACT

Text

The hearing on the petition to appoint a guardian or conservator shall be held at such convenient place as the court directs, including the place where the minor is located. The court may close the hearing to the public. The minor, if age ten or older, and the proposed guardian or conservator shall attend the hearing except for good cause shown. Any individual or entity may apply for permission to participate at the hearing, and the court shall grant the request if reasonably satisfied that the applicant's participation would be in the minor's best interests. The determination as to whether a guardian or conservator will be appointed is for the court alone to decide and may only be ordered if in the minor's best interests. In making that determination, the court shall consider the suitability of the proposed guardian or conservator, the minor's current or proposed living arrangements, the extent to which the minor has money or other property requiring management or protection, the availability of less restrictive alternatives, the extent to which it is necessary to protect the minor from neglect, exploitation, or abuse, and if applicable, the minor's need for habilitation or therapeutic treatment. The court shall make findings of fact and conclusions of law in support of any orders entered at the hearing if requested by the minor, by the minor's attorney, or by any other interested person. Upon the filing of an acceptance of office and any required bond, letters of guardianship, conservatorship, or both, shall issue.

Legislative History

SL 1993, ch 213, § 26; SDCL 30-36-26; SL 1995, ch 167, § 181.