State Codes and Statutes

Statutes > South-dakota > Title-29a > Chapter-05 > Statute-29a-5-305

29A-5-305. Who may file petition--Contents of petition. A petition for the appointment of a guardian, a conservator, or both, may be filed by the person alleged to need protection, by an interested relative, by the individual or facility that is responsible or has assumed responsibility for the person's care or custody, by the individual or entity that the person has nominated as guardian or conservator, or by any other interested person, including the department of human services or the department of social services.
The petition shall state the petitioner's name, place of residence, post office address, and relationship to the person alleged to need protection, and shall, to the extent known as of the date of filing, state the following with respect to the person alleged to need protection and the relief requested:
(1) The person's name, date of birth, place of residence or location, and post office address or, if it is alleged that the person is an absentee, the person's last known residence and post office address;
(2) The names and post office addresses of the person's nearest relatives, in the following order:
(a) The spouse and children, if any; or if none
(b) The parents and brothers and sisters, if any; or if none
(c) The nearest known relatives who would be entitled to succeed to the person's estate by intestate succession;
(3) The name, place of residence or location, and post office address of the individual or facility that is responsible for or has assumed responsibility for the person's care or custody;
(4) The name, place of residence or location, and post office address of any agent or agents designated under a durable power of attorney of which the person alleged to need protection is the principal, and the petitioner shall attach a copy of any such power or powers of attorney, if available;
(5) Whether the person's incapacity will prevent attendance at the hearing and the reasons therefor;
(6) If the petition alleges that the person is an absentee, a statement of the relevant circumstances, including the time and nature of the disappearance or detention and a description of any search or inquiry concerning the person's whereabouts;
(7) The type of guardianship or conservatorship requested, the reasons therefor, and the interest of the petitioner in the appointment;
(8) The name, post office address and, if the proposed guardian or conservator is an individual, the individual's age, occupation and relationship to the person alleged to need protection;
(9) The name, post office address and, if the person alleged to need protection has nominated a guardian or conservator who is an individual, the individual's age, occupation and relationship to the person alleged to need protection;
(10) The name and post office address of any guardian or conservator currently acting, whether in this state or elsewhere;
(11) If the appointment of a limited guardian is requested, the specific areas of protection and assistance to be included in the court's order of appointment; and
(12) If the appointment of a limited conservator is requested, the specific areas of management and assistance to be included in the court's order of appointment.

Source: SL 1993, ch 213, § 33; SDCL 30-36-33; SL 1995, ch 167, § 181.