South Dakota: Does a Guardianship of the Person Include Control of the Estate?

Detailed Answer

Under South Dakota law, authority over an individual’s personal care (a guardian of the person) is distinct from authority to manage that person’s money and property. The court treats decisions about health, residence, and personal care separately from decisions about financial affairs and estate management. For statutory guidance, see the South Dakota statutes on guardians and conservators: SDCL Chapter 29A-5 (Guardians and Conservators).

In practice, being appointed the guardian of the person does not automatically make you the guardian (or conservator) of the estate. If the court finds the proposed ward needs both personal-care decision-making and financial management, the court may appoint the same individual to both roles, but it must make separate findings and a separate appointment for each role. The legal authority and duties for the two roles differ:

• Guardian of the person: responsible for personal decisions such as living arrangements, daily care, medical consent (subject to applicable statutes and advance directives), and other non-financial needs.
• Conservator or guardian of the estate: responsible for collecting income, managing investments, paying bills, protecting assets, and filing required accountings with the court.

Because the estate role governs money and property, the court generally requires additional procedural protections for that appointment (bond, inventories, periodic accountings and possibly supervision). If you are only appointed guardian of the person, you cannot lawfully handle the ward’s finances without a separate court order naming you conservator or guardian of the estate.

How to obtain a separate estate appointment

1. File a petition in the probate division of the circuit court seeking appointment as conservator/guardian of the estate (or request the court consider both roles in the original petition).
2. Give notice to the proposed ward, close relatives and other interested parties as required by statute and court rules.
3. Attend an evidentiary hearing where the court will determine incapacity and whether estate management is required.
4. If appointed, obtain letters of appointment (court-issued authority), post any bond the court requires, file inventories, and comply with reporting and accounting obligations set by the court.

The court’s specific procedural rules and required forms vary by county. For statutory standards governing guardians and conservators and the court’s authority, review SDCL Chapter 29A-5. For local practice, contact the probate clerk in the circuit court where the proposed ward lives or consult a South Dakota attorney experienced in guardianship and conservatorship.

Helpful Hints

• When filing, ask the court to consider both appointments at once if the person likely needs help with both personal care and finances; this can save time and duplicate hearings.
• Gather documents before filing: bank statements, deeds, titles, bills, income sources (Social Security, pensions), medical records and any existing powers of attorney or advance directives.
• Check for an existing durable power of attorney or agent designation. If a valid financial power of attorney exists, a court conservatorship may not be necessary for estate management.
• Expect the court to require safeguards for estate management: bond, inventory of assets, and periodic accountings. Be prepared to keep detailed records and receipts.
• If the person’s financial needs are limited, explore less-restrictive alternatives (representative payee for Social Security, targeted bank arrangements, limited guardianship or limited conservatorship) before seeking full estate control.
• Be careful not to commingle the ward’s funds with your own. Use a separate fiduciary account for receipts and expenses related to the ward’s estate.
• If urgent decisions are needed, ask the court about emergency or temporary appointments—courts can issue short-term orders in pressing situations.
• Consult a South Dakota probate attorney if matters involve significant assets, potential family disputes, or complex transactions (real estate sales, investments). An attorney can help prepare petitions, advise on bond and reporting requirements, and represent you at hearings.
• Keep family members and interested parties informed. Transparent communication can reduce conflicts and subsequent contested proceedings.