South Dakota § 29A-5-309 Contest of appointment by protected person.

South Dakota Statutes

§ 29A-5-309 — Contest of appointment by protected person.

South Dakota § 29A-5-309

Title 29AUNIFORM PROBATE CODE

Ch. 29A-4SOUTH DAKOTA GUARDIANSHIP AND CONSERVATORSHIP ACT

This text of South Dakota § 29A-5-309 (Contest of appointment by protected person.) 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 § 29A-5-309 (2026).

Text

The court shall appoint an attorney for the person alleged to need protection, either upon the filing of the petition or at any time thereafter, if requested by the person alleged to need protection, if the person expresses a desire to contest the petition, or if the court determines that an appointment is otherwise needed to protect the person's interests. In appointing an attorney, the court shall consider any known preferences of the person alleged to need protection. If the person alleged to need protection is not or will not be represented by an attorney, the court shall either appoint a court representative to make an investigation and recommendation concerning the relief requested in the petition or shall order the person alleged to need protection to attend the hearing on the petit

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The court shall appoint an attorney for the person alleged to need protection, either upon the filing of the petition or at any time thereafter, if requested by the person alleged to need protection, if the person expresses a desire to contest the petition, or if the court determines that an appointment is otherwise needed to protect the person's interests. In appointing an attorney, the court shall consider any known preferences of the person alleged to need protection. If the person alleged to need protection is not or will not be represented by an attorney, the court shall either appoint a court representative to make an investigation and recommendation concerning the relief requested in the petition or shall order the person alleged to need protection to attend the hearing on the petition. If the basis of the petition is that the person alleged to need protection is an absentee, the court shall appoint an attorney if the court determines that an appointment is needed to protect the person's interests, but the court need not appoint a court representative or order attendance at the hearing. In addition to any court-ordered evaluation, a person alleged to need protection who is contesting a petition may obtain an evaluation at the person's own expense to be completed by a licensed healthcare professional of the person's choice in accordance with § 29A-5-306 , which must be included in the file and considered by the court.