There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 29A-5-306 — Report to be included with petition--Contents.
29A-5-306. Report to be included with petition--Contents. The petition shall include a report evaluating the condition of the person alleged to need protection which shall contain, to the best information and belief of its signatories:
(1) A description of the nature, type, and
extent of the person's incapacity, including the person's specific
cognitive and functional limitations;
(2) Evaluations of the person's mental and
physical condition and, where appropriate, educational condition,
adaptive behavior, and social skills;
(3) If the appointment of a guardian is
requested, a description of the services, if any, currently being
provided for the person's health, care, safety, habilitation, or
therapeutic needs and a recommendation as to the most suitable
living arrangement and, if appropriate, treatment or habilitation
plan and the reasons therefor;
(4) If the appointment of a conservator is
requested, a description of the services, if any, currently being
provided for the management of the person's estate and financial
affairs;
(5) An opinion as to whether the
appointment of a guardian or conservator is necessary, the type and
scope of the guardianship or conservatorship needed, and the
reasons therefor;
(6) If the petition states that the
incapacity of the person alleged to need protection will prevent
attendance at the hearing, an opinion as to whether such attendance
would be detrimental to the person's health, care or
safety;
(7) A statement as to whether the person
alleged to need protection is on any medications that may affect
the person's actions, demeanor and participation at the
hearing;
(8) The signature of a physician,
psychiatrist or licensed psychologist, and the signatures of any
other individuals who made substantial contributions toward the
report's preparation; and
(9) The date of any assessment or
examination upon which the report is based and if any of the
assessments or examinations were performed more than three months
prior to the date of the filing of the petition, a statement by a
physician, psychiatrist or licensed psychologist that there has
been no material change in the condition of the person alleged to
need protection since the dates that such assessments or
examinations were performed.
The court,
for good cause shown, may grant leave to file the petition without
an evaluation report. If such leave is granted, the court shall
order the appropriate assessments or examinations and shall order
that a report be prepared and filed with the court.
No
evaluation report need be prepared if the petition has been brought
on the basis that the person alleged to need protection is an
absentee.
Source: SL 1993, ch 213, § 34; SDCL 30-36-34; SL 1995, ch 167, § 181.
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