South Dakota § 29A-5A-301 Transfer of guardianship or conservatorship to another state.

South Dakota Statutes

§ 29A-5A-301 — Transfer of guardianship or conservatorship to another state.

South Dakota § 29A-5A-301

Title 29AUNIFORM PROBATE CODE

Ch. 29A-5AUNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION

This text of South Dakota § 29A-5A-301 (Transfer of guardianship or conservatorship to another state.) 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-5A-301 (2026).

Text

(a)A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.

(b)Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.

(c)On the court's own motion or on request of the guardian or conservator, the protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d)The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepte

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(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator. (c) On the court's own motion or on request of the guardian or conservator, the protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a). (d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that: (1) The protected person is physically present in or is reasonably expected to move permanently to the other state; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (3) Plans for care and services for the protected person in the other state are reasonable and sufficient. (e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that: (1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection 29A-5A-201(b); (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (3) Adequate arrangements will be made for management of the protected person's property. (f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 29A-5A-302 ; and (2) The documents required to terminate a guardianship or conservatorship in this state.