South Dakota § 29A-5-504 Petition to remove guardian or conservator--Reasons for removal.

South Dakota Statutes

§ 29A-5-504 — Petition to remove guardian or conservator--Reasons for removal.

South Dakota § 29A-5-504

Title 29AUNIFORM PROBATE CODE

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

This text of South Dakota § 29A-5-504 (Petition to remove guardian or conservator--Reasons for removal.) 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-5-504 (2026).

Text

Upon petition by any interested person or on the court's own motion, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator:

(1)Is acting under letters secured by material misrepresentation or mistake, whether fraudulent or innocent;

(2)Has an incapacity or illness, including substance abuse, which affects fitness for office, or is adjudged to be a protected person in this or in any other jurisdiction;

(3)Is convicted of a crime which reflects on fitness for office;

(4)Wastes or mismanages the estate, unreasonably withholds distributions or makes distributions in a negligent or profligate manner, or otherwise abuses powers or fails to discharge duties;

(5)Neglects the care and custody of the minor, the protected p

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Upon petition by any interested person or on the court's own motion, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator: (1) Is acting under letters secured by material misrepresentation or mistake, whether fraudulent or innocent; (2) Has an incapacity or illness, including substance abuse, which affects fitness for office, or is adjudged to be a protected person in this or in any other jurisdiction; (3) Is convicted of a crime which reflects on fitness for office; (4) Wastes or mismanages the estate, unreasonably withholds distributions or makes distributions in a negligent or profligate manner, or otherwise abuses powers or fails to discharge duties; (5) Neglects the care and custody of the minor, the protected person or legal dependents; (6) Has an interest adverse to the faithful performance of duties such that there is a substantial risk that the guardian or conservator will fail to properly perform those duties; (7) Fails to file reports or accountings when required, or fails to comply with any order of court; (8) Acts in a manner that threatens the personal or financial security of a co - guardian or co - conservator or endangers the surety on the bond; (9) Fails to file sufficient bond after being ordered by the court to do so; (10) Avoids service of process or notice; (11) Becomes incapable of or unsuitable for the discharge of duties; (12) Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or (13) Fails to complete or timely complete the training curricula required pursuant to § 29A-5-119 .