There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 29A-5-304 — Nomination of guardian or conservator by protected person--Appointment in absence ofeffective nomination--Multiple appointments.
29A-5-304. Nomination of guardian or conservator by protected person--Appointment in absence of effective nomination--Multiple appointments. Any individual who has sufficient capacity to form a preference may at any time nominate any individual or entity to act as his guardian or conservator. The nomination may be made in writing, by an oral request to the court, or may be proved by any other competent evidence. The court shall appoint the individual or entity so nominated if the nominee is otherwise eligible to act and would serve in the best interests of the protected person. In the
absence of an effective nomination by the protected person, the
court shall appoint as guardian or conservator the individual or
entity that will act in the protected person's best interests. In
making that appointment, the court shall consider the proposed
guardian's or conservator's geographic location, familial or other
relationship with the protected person, ability to carry out the
powers and duties of the office, commitment to promoting the
protected person's welfare, any potential conflicts of interest,
and the recommendations of the spouse, the parents or other
interested relatives, whether made by will or otherwise. The court
may appoint more than one guardian or conservator and need not
appoint the same individual or entity to serve as both guardian and
conservator.
Source: SL 1993, ch 213, § 32; SDCL 30-36-32; SL 1995, ch 167, § 181.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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