Adult Guardianship in South Dakota

Reviewed by DocDraft Legal Team - South Dakota - Last updated October 9, 2026

South Dakota handles adult protection under the South Dakota Guardianship and Conservatorship Act, SDCL chapter 29A-5. A guardian is responsible for the personal affairs of a protected person and a conservator for the estate and financial affairs, and the adult is called the "person alleged to need protection." The petition must carry an evaluation report signed by a physician, psychiatrist or licensed psychologist unless the court, for good cause shown, grants leave to file without one (SDCL 29A-5-306), and the standard of proof is clear and convincing evidence (SDCL 29A-5-312). The person must be personally served with the notice, a copy of the petition and the evaluation report not less than fourteen days before a hearing set within sixty days, and that notice cannot be waived. No one can be appointed guardian or conservator until completing the required training.

South Dakota's guardian and conservator split, clinician report and 14-day personal service

South Dakota uses its own vocabulary. The adult is the "person alleged to need protection" (and then the "protected person"), a guardian is responsible for personal affairs, and a separate conservator is responsible for managing the estate and financial affairs, so the court may appoint different people for each role; limited guardianship and limited conservatorship also exist, and the petition must specify the areas (SDCL 29A-5-102, 29A-5-305). A guardian may be appointed for an individual whose ability to respond to people, events, and environments is impaired to such an extent that the individual lacks the capacity to meet the essential requirements for his health, care, safety, habilitation, or therapeutic needs; a conservator may be appointed for an individual who lacks the capacity to manage property or financial affairs or to provide for his support or the support of legal dependents (SDCL 29A-5-302, 29A-5-303). The standard of proof is clear and convincing evidence (SDCL 29A-5-312). The petition must be filed with a report signed by a physician, psychiatrist or licensed psychologist; an assessment performed more than three months before filing needs a statement from one of them that there has been no material change, and the court may grant leave to file without a report for good cause shown, after which it must order the assessments and a report (SDCL 29A-5-306). The court issues a notice fixing a hearing within sixty days, and the person must be personally served with the notice, the petition and the evaluation report not less than fourteen days before the hearing; the person may not waive notice, and a failure to notify properly is jurisdictional (SDCL 29A-5-308). The court appoints an attorney if requested by the person, if the person expresses a desire to contest, or if the court determines appointment is otherwise needed to protect the person's interests, and if the person has no attorney the court must appoint a court representative or order the person to attend the hearing (SDCL 29A-5-309). The court representative visits the person and files a written recommendation (SDCL 29A-5-310). A person may not be appointed guardian or conservator on or after July 1, 2021 until completing the required training (SDCL 29A-5-119).

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