Guardianship of a Child or Adult in South Dakota

The minor, an interested relative, the person or facility caring for the minor, the minor's nominee, or any other interested person may petition the circuit court, along with a statement of the minor's financial resources. After notice and a hearing (which the minor, if 10 or older, must generally attend), the court may appoint a guardian or conservator only if it is in the minor's best interests, considering the proposed guardian's suitability, the minor's living arrangements, any property needing management, the availability of less restrictive alternatives, and the need to protect the minor from neglect, exploitation or abuse.

The person, an interested relative, a caregiver or facility, a nominee, or any other interested person (including the Department of Human Services) may petition. A guardian may be appointed for someone whose ability to respond to people, events and environments is so impaired that they cannot meet essential health, care, safety, habilitation or therapeutic needs without help. The person may attend, oppose the petition, have a lawyer, demand a jury and cross-examine witnesses; the standard is clear and convincing evidence. In deciding whether to appoint and what powers to grant, the court considers the person's limitations, maximum feasible self-reliance and independence, the availability of less restrictive alternatives, and the need for protection from neglect, exploitation or abuse.