Section 29A-5-108 - Filing petition for appointment--Jurisdiction. - South-dakota Statutes

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29A-5-108. Filing petition for appointment--Jurisdiction. A petition for the appointment of a guardian or conservator shall be filed in the county in which the minor or person alleged to need protection either resides or is present or, if the minor or person alleged to need protection has been admitted to a facility pursuant to an order of court, in the county in which that court is located. If the minor or person alleged to need protection neither resides in nor is present in this state, a petition for the appointment of a conservator shall be filed in a county in which the minor or person alleged to need protection has property or in the county having jurisdiction of a decedent's estate in which the minor or person alleged to need protection has an interest. The court of the county in which the proceeding is first commenced shall have exclusive jurisdiction to decide the petition unless that court determines that a transfer of venue would be in the best interests of the minor or person alleged to need protection.

Source: SL 1993, ch 213, § 8; SDCL 30-36-8; SL 1995, ch 167, § 181.

State Codes and Statutes

Statutes > South-dakota > Title-29a > Chapter-05 > Statute-29a-5-108

29A-5-108. Filing petition for appointment--Jurisdiction. A petition for the appointment of a guardian or conservator shall be filed in the county in which the minor or person alleged to need protection either resides or is present or, if the minor or person alleged to need protection has been admitted to a facility pursuant to an order of court, in the county in which that court is located. If the minor or person alleged to need protection neither resides in nor is present in this state, a petition for the appointment of a conservator shall be filed in a county in which the minor or person alleged to need protection has property or in the county having jurisdiction of a decedent's estate in which the minor or person alleged to need protection has an interest. The court of the county in which the proceeding is first commenced shall have exclusive jurisdiction to decide the petition unless that court determines that a transfer of venue would be in the best interests of the minor or person alleged to need protection.

Source: SL 1993, ch 213, § 8; SDCL 30-36-8; SL 1995, ch 167, § 181.

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State Codes and Statutes

Statutes > South-dakota > Title-29a > Chapter-05 > Statute-29a-5-108

29A-5-108. Filing petition for appointment--Jurisdiction. A petition for the appointment of a guardian or conservator shall be filed in the county in which the minor or person alleged to need protection either resides or is present or, if the minor or person alleged to need protection has been admitted to a facility pursuant to an order of court, in the county in which that court is located. If the minor or person alleged to need protection neither resides in nor is present in this state, a petition for the appointment of a conservator shall be filed in a county in which the minor or person alleged to need protection has property or in the county having jurisdiction of a decedent's estate in which the minor or person alleged to need protection has an interest. The court of the county in which the proceeding is first commenced shall have exclusive jurisdiction to decide the petition unless that court determines that a transfer of venue would be in the best interests of the minor or person alleged to need protection.

Source: SL 1993, ch 213, § 8; SDCL 30-36-8; SL 1995, ch 167, § 181.