South Dakota Conservatorship: Common Questions

What Is the Difference Between a Full and a Limited Conservatorship in South Dakota?

Under SDCL Chapter 29A-5, the court may grant a conservator full authority over the protected person’s estate or restrict that authority to specific financial tasks. The court uses the least restrictive scope necessary given the person’s circumstances. A limited conservatorship is appropriate when the person retains capacity in some areas but needs assistance with others.

What Are a Conservator’s Ongoing Duties After Appointment?

A conservator must manage the protected person’s financial affairs prudently, give weight to the protected person’s expressed wishes and values when making decisions, file annual accountings with the court, and complete the required State Bar training under SDCL 29A-5-119.

Can a Conservatorship Be Ended If the Protected Person Recovers Capacity?

A conservatorship isn’t necessarily permanent. Under SDCL 29A-5-508, the court can modify, revoke, or terminate a conservatorship if the protected person’s circumstances change. A hearing is required, and the court must find that the conservatorship is no longer needed or that a less restrictive arrangement is appropriate.

Does a Conservator Have to Use Their Own Money for the Protected Person’s Expenses?

No. A conservator manages the protected person’s own assets and isn’t required to use personal funds. A conservator generally isn’t held individually liable for the protected person’s actions unless the conservator was personally negligent in carrying out their duties.

Can Conservatorship Be Avoided With Prior Planning?

In many cases, yes. A durable power of attorney or a revocable living trust can authorize a trusted person to manage finances without court oversight, which may make conservatorship unnecessary. We regularly counsel South Dakota families on these planning tools as part of our broader estate and elder law practice.