§ 29A-5-315 — Temporary guardian or conservator of protected person.

South Dakota § 29A-5-315

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

Text

The court may appoint a temporary guardian or conservator, or both, under this section and §§ 29A-5-301 to 29A-5-314 , inclusive, upon a showing that an immediate need exists, that adherence to the regular procedures for the appointment of a guardian or conservator may result in significant harm to the person alleged to need protection or the estate, and that no other individual or entity appears to have authority to act on behalf of the person or estate, or that the individual or entity with authority to act is unwilling or has ineffectively exercised the authority. A temporary guardian or conservator shall have only those powers and duties which are specifically set forth in the order of appointment. The appointment of a temporary guardian or conservator shall expire within ninety days unless extended by the court for up to an additional ninety days for good cause shown. An appointment of a temporary guardian or conservator shall be made upon such notice and subject to such conditions as the court may order, except that reasonable notice of hearing shall be given to the person alleged to need protection unless there is a showing that such delay may result in significant harm to the person or the estate. Within five days following an appointment, a temporary guardian or conservator shall mail a copy of the order of appointment, together with a brief statement of rights to seek termination or modification, to the protected person and to all individuals and entities that would be entitled to notice of hearing on a petition for a regular appointment.

Legislative History

SL 1993, ch 213, § 43; SDCL 30-36-43; SL 1995, ch 167, § 181.