South Dakota § 55-18-17 Discretion of representative--Fiduciary status.

South Dakota Statutes

§ 55-18-17 — Discretion of representative--Fiduciary status.

South Dakota § 55-18-17

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-17VIRTUAL REPRESENTATION

This text of South Dakota § 55-18-17 (Discretion of representative--Fiduciary status.) 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 § 55-18-17 (2026).

Text

A representative may make a decision with broad discretion and no representative is liable for an action or omission unless the representative:

(1)Acts dishonestly;

(2)Acts with an improper motive; or (3) Fails, if under a duty to do so, to act. A representative may represent any number of persons. A representative is not a fiduciary solely by reason of being a representative unless otherwise ordered by the court, expressly affirmed in writing by the representative, or provided in the governing instrument. The provisions of this section do not expand or diminish the duties of an attorney.

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A representative may make a decision with broad discretion and no representative is liable for an action or omission unless the representative: (1) Acts dishonestly; (2) Acts with an improper motive; or (3) Fails, if under a duty to do so, to act. A representative may represent any number of persons. A representative is not a fiduciary solely by reason of being a representative unless otherwise ordered by the court, expressly affirmed in writing by the representative, or provided in the governing instrument. The provisions of this section do not expand or diminish the duties of an attorney.