Section 55-3-35 - Service of person under a disability. - South-dakota Statutes

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Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-35

55-3-35. Service of person under a disability. If a party to the proceeding has the same interest as a person under disability, it is not necessary to serve the person under a disability. If there is no party to the proceeding who has the same interest as a person under disability, notice shall be served on that person's conservator, if a conservator has been appointed. If the person under disability is a minor and no conservator has been appointed, notice shall be served on a guardian of the minor if one has been appointed, or if no guardian has been appointed, then on the natural parents, or if there are no natural parents alive, then upon the adoptive parent or parents of the minor. If there are no adoptive parents of a minor, then notice shall be served upon any person responsible for or who has assumed responsibility for the minor's care or custody. If the person under a disability is an adult and no conservator has been appointed, notice shall be served on an agent under a durable power of attorney, a guardian of the adult person, a trustee responsible for the management of all or a portion of the adult person's estate, or any person responsible for or who has assumed responsibility for the adult person's care or custody.

Source: SL 1998, ch 282, § 16; SL 2004, ch 312, § 8.

State Codes and Statutes

Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-35

55-3-35. Service of person under a disability. If a party to the proceeding has the same interest as a person under disability, it is not necessary to serve the person under a disability. If there is no party to the proceeding who has the same interest as a person under disability, notice shall be served on that person's conservator, if a conservator has been appointed. If the person under disability is a minor and no conservator has been appointed, notice shall be served on a guardian of the minor if one has been appointed, or if no guardian has been appointed, then on the natural parents, or if there are no natural parents alive, then upon the adoptive parent or parents of the minor. If there are no adoptive parents of a minor, then notice shall be served upon any person responsible for or who has assumed responsibility for the minor's care or custody. If the person under a disability is an adult and no conservator has been appointed, notice shall be served on an agent under a durable power of attorney, a guardian of the adult person, a trustee responsible for the management of all or a portion of the adult person's estate, or any person responsible for or who has assumed responsibility for the adult person's care or custody.

Source: SL 1998, ch 282, § 16; SL 2004, ch 312, § 8.

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State Codes and Statutes

Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-35

55-3-35. Service of person under a disability. If a party to the proceeding has the same interest as a person under disability, it is not necessary to serve the person under a disability. If there is no party to the proceeding who has the same interest as a person under disability, notice shall be served on that person's conservator, if a conservator has been appointed. If the person under disability is a minor and no conservator has been appointed, notice shall be served on a guardian of the minor if one has been appointed, or if no guardian has been appointed, then on the natural parents, or if there are no natural parents alive, then upon the adoptive parent or parents of the minor. If there are no adoptive parents of a minor, then notice shall be served upon any person responsible for or who has assumed responsibility for the minor's care or custody. If the person under a disability is an adult and no conservator has been appointed, notice shall be served on an agent under a durable power of attorney, a guardian of the adult person, a trustee responsible for the management of all or a portion of the adult person's estate, or any person responsible for or who has assumed responsibility for the adult person's care or custody.

Source: SL 1998, ch 282, § 16; SL 2004, ch 312, § 8.