Adult Guardianship Periodic Reporting Requirements in South Dakota
At a glance
| Covered guardian and report types | Adult guardian: condition/care report; conservator: estate inventory and account (§§ 29A-5-403, -407, -408). |
|---|---|
| First plan, inventory or account | Conservator inventories real/personal estate within 90 days of appointment; later-discovered property may appear in next account (§ 29A-5-407). |
| Repeat interval and due date | First guardian report and conservator account within 60 days after first appointment anniversary; at least annually thereafter, or calendar-year filing by April 15 next year; court may reduce conservator frequency (§§ 29A-5-403, -408, -409). |
| Condition and care-plan content | Guardian reports condition, living arrangements, services, visits, institution plan, continued need and scope recommendation (§ 29A-5-403). |
| Property and accounting content | Inventory lists property, values/encumbrances; account lists receipts, disbursements, estate, services, actions, compensation and qualifying tangible items (§§ 29A-5-407, -408). |
| Oath and required attachments | Reports/accounts include training-completion dates; statute specifies contents and mailed copies (§§ 29A-5-403, -408). |
| Who receives or may inspect the report | Guardian/conservator mails report, inventory or account within 14 days after filing to § 29A-5-410 recipients; account copy warns of 60-day written-objection period (§§ 29A-5-403, -407, -408, -410). |
| Court review and late filing | Interested person may seek guardian-report hearing within 60 days of filing; account recipient's written objection due within 60 days after receipt; court may hold hearing and allow account (§§ 29A-5-403, -408). |
| Final or change-triggered report | Reports/accounts also filed on resignation/removal and termination, with guardian final-report and conservator final-account waiver routes (§§ 29A-5-403, -408, -409). |
Requirements one by one
First filings and annual clocks
§ 29A-5-407 requires a conservator's inventory within 90 days after appointment. It lists known estate items, approximate values and encumbrances; later-discovered items may be placed in the next account. Under §§ 29A-5-403 and 29A-5-408, the first guardian report and conservator account are each due within 60 days after the first appointment anniversary, and both then recur at least annually. Each fiduciary may choose calendar-year periods of at most one year, filed by April 15 of the next year.
Contents and copies
The § 29A-5-403 guardian report covers the adult's condition, residence, services, visits and activities, institutional treatment plan, continuing need and proposed scope changes. Both guardian and conservator report the training-completion date. Section 29A-5-408 makes the conservator account cover estate receipts, spending, distributions, services and actions; it adds an annual inventory of tangible items valued at $2,500 or more.
Sections 29A-5-403, -407 and -408 require mailing copies within 14 days after filing to the people in § 29A-5-410, including the protected adult and specified relatives, attorney and care facility. A hearing on report or account approval has its own notice under § 29A-5-410.
What trips people up
Under § 29A-5-408, recipients of the conservator's account must receive a warning that written objections are due within 60 days after receipt or later objections are barred. For guardian reports, § 29A-5-403 allows an interested person to request a hearing within 60 days after the report is filed. The two clocks run from different events. A conservator may petition for a waiver or less frequent accounts under § 29A-5-409 if burden or cost outweighs protection.
Common questions
What happens when a guardian resigns?
§ 29A-5-403 requires another report on resignation or removal and, unless the court finds no need, on termination. Section 29A-5-408 similarly calls for a conservator account on resignation, removal and termination; § 29A-5-409 permits a final-account waiver with consent of those entitled to the estate.
Does ending the appointment erase an accounting duty?
No. § 29A-5-501 preserves the conservator's responsibility to account for the estate after appointment ends.
Statutes and sources
- South Dakota Codified Laws § 29A-5-403, guardian reports; accessed 2026-10-04.
- §§ 29A-5-407–410, conservator inventory, accounts, waivers and notice; accessed 2026-10-04.
- § 29A-5-501, surviving duty; accessed 2026-10-04.
Source links
Every statute quoted above, linked, with the date we checked it.
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