VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN
State of South Dakota – Circuit Court, Probate Division
County of [COUNTY]
Case No.: [__]
IN THE MATTER OF:
[WARD FULL LEGAL NAME],
an [“Incapacitated Person” | “Minor”] (“Respondent”).
(“Verified Petition” or “Petition”)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
[// GUIDANCE: Delete any section that is not required after tailoring the Petition to the facts of the case. The architecture is intentionally comprehensive to serve both simple and complex guardianship scenarios.]
1. DOCUMENT HEADER
1.1 Parties
(a) Petitioner: [PETITIONER FULL LEGAL NAME], a resident of [ADDRESS] (“Petitioner”).
(b) Respondent: [WARD FULL LEGAL NAME], DOB [____], currently residing at [ADDRESS OR FACILITY], within this Court’s jurisdiction.
1.2 Recitals
A. Petitioner seeks appointment as Guardian pursuant to S.D. Codified Laws ch. 29A-5 (“South Dakota Guardianship & Conservatorship Act”).
B. Respondent is alleged to be an [“incapacitated person” under SDCL § 29A-5-101(2) | “minor” under SDCL § 29A-5-201] and requires a suitable Guardian.
C. Venue and jurisdiction are proper in this Probate Division under SDCL § 29A-5-102.
D. No previous guardianship petition concerning Respondent is pending in any jurisdiction.
E. Petitioner is willing and able to serve, is not disqualified, and consents to South Dakota bond and reporting requirements.
1.3 Effective Date
This Petition is deemed filed upon the Clerk’s stamp (the “Effective Date”).
2. DEFINITIONS
For ease of reference, the capitalized terms below have the meanings set forth:
“Act” – South Dakota Guardianship & Conservatorship Act, S.D. Codified Laws ch. 29A-5.
“Annual Report” – The guardian’s yearly report required by SDCL § 29A-5-410 et seq.
“Bond” – A fiduciary bond posted under SDCL § 29A-5-110 or as otherwise ordered.
“Court” – The Circuit Court, Probate Division, sitting in and for [COUNTY] County, South Dakota.
“Incapacitated Person” – See SDCL § 29A-5-101(2).
“Letters” – Letters of Guardianship issued by the Clerk upon entry of the Court’s order.
“Petitioner” – See § 1.1(a).
“Respondent” – See § 1.1(b).
3. OPERATIVE PROVISIONS
3.1 Relief Requested
Petitioner respectfully requests:
(i) A hearing pursuant to SDCL § 29A-5-304;
(ii) A finding that Respondent is an [incapacitated person | minor];
(iii) Issuance of Letters appointing Petitioner as Guardian with the powers set forth in SDCL § 29A-5-402;
(iv) Setting of Bond in the amount of $[______] or waiver thereof; and
(v) Such other and further relief as the Court deems just.
3.2 Guardianship Standards
Petitioner shall exercise all duties in accordance with SDCL § 29A-5-406, including:
(a) Promoting the Respondent’s maximum self-reliance;
(b) Providing for health, education, maintenance, and support; and
(c) Seeking Court approval for any extraordinary treatment or placement decisions.
3.3 Duration
The Guardianship shall continue until terminated under SDCL § 29A-5-505, the death of Respondent, or further Court order.
3.4 Conditions Precedent
Issuance of Letters is conditioned upon:
(a) Filing of the statutorily-required Confidential Information Form;
(b) Proof of service of the Notice of Hearing on all interested persons; and
(c) Posting of Bond (unless waived).
4. REPRESENTATIONS & WARRANTIES
Petitioner hereby represents, warrants, and certifies to the Court that:
4.1 Personal Qualifications – Petitioner is at least eighteen (18) years of age, of sound mind, and has never been convicted of a felony involving dishonesty or moral turpitude.
4.2 Conflict of Interest – Petitioner has no financial or personal interest adverse to Respondent except as disclosed in Schedule 1 attached hereto.
4.3 Best Interest – The appointment is in Respondent’s best interest, and less restrictive alternatives have been considered and found inadequate.
4.4 Accuracy – All factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants
(a) Compliance – Petitioner shall comply with all reporting obligations, including filing the initial care plan (SDCL § 29A-5-403) within sixty (60) days and each Annual Report thereafter.
(b) Training – Petitioner shall complete any court-ordered guardian training program.
(c) Notice – Petitioner shall give thirty (30) days’ prior written notice to the Court and interested persons of any intent to change Respondent’s residence.
5.2 Negative Covenants
(a) No Commingling – Petitioner shall not commingle Respondent’s funds with personal assets.
(b) Restricted Transactions – Petitioner shall not realign or dispose of Respondent’s property exceeding $[_] without prior Court approval.
5.3 Monitoring & Compliance
The Court, or a court-appointed visitor under SDCL § 29A-5-303, may audit Petitioner’s performance at any time.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Failure to file any required report;
(b) Breach of fiduciary duty;
(c) Non-compliance with any Court order.
6.2 Notice & Cure
Except in emergencies, Petitioner shall have fifteen (15) days after written notice to cure any default.
6.3 Remedies
Upon default and failure to cure, the Court may:
(i) Impose sanctions;
(ii) Increase Bond;
(iii) Suspend or remove Petitioner;
(iv) Issue protective orders (SDCL § 29A-5-420); and
(v) Award attorney fees and costs as justice requires.
7. RISK ALLOCATION
7.1 Indemnification
Petitioner acknowledges fiduciary liability and agrees to indemnify Respondent’s estate for losses caused by willful misconduct or gross negligence.
7.2 Bond Requirement
Petitioner shall file a corporate surety Bond in the penal sum of $[_] conditioned as required by SDCL § 29A-5-110, unless the Court expressly waives such Bond for good cause.
7.3 Liability Caps
Petitioner’s personal liability shall be limited to the Bond amount, except for losses arising from willful misconduct, gross negligence, or fraud.
7.4 Insurance
Petitioner shall maintain fiduciary liability insurance in the minimum amount of $[_].
8. DISPUTE RESOLUTION
8.1 Governing Law – South Dakota law governs, with exclusive jurisdiction in the Probate Division of the Circuit Court for [COUNTY] County.
8.2 Arbitration – Not applicable.
8.3 Jury Waiver – Proceedings are equitable and tried without a jury pursuant to SDCL § 15-6-39(a)(2).
8.4 Injunctive Relief – The Court retains authority to issue protective orders to safeguard Respondent pending final adjudication.
9. GENERAL PROVISIONS
9.1 Amendment – This Petition may be amended only by leave of Court.
9.2 Severability – If any provision is held invalid, the remainder shall remain in full force.
9.3 Integration – This Petition, together with all schedules and exhibits, constitutes the entire request for relief.
9.4 Electronic Filings – Authorized under SDCL § 15-6-5(d).
9.5 Successors – All obligations herein bind any successor guardian.
10. EXECUTION BLOCK
Respectfully submitted this ___ day of [MONTH], 20__.
[PETITIONER NAME]
Petitioner
Address: [__]
Phone: [__]
Email: [_____]
STATE OF SOUTH DAKOTA )
: SS
COUNTY OF [COUNTY] )
On this ___ day of [MONTH], 20__, before me, the undersigned Notary Public, personally appeared [PETITIONER NAME], known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and who acknowledged that he/she executed the same for the purposes therein contained.
Notary Public
My Commission Expires: [__]
VERIFICATION
I, [PETITIONER NAME], being first duly sworn, depose and say that I have read the foregoing Petition, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME]
Subscribed and sworn to before me on the date set forth above.
Notary Public
My Commission Expires: [__]
SERVICE LIST
- Respondent: [ADDRESS]
- Spouse / Closest Adult Relative: [ADDRESS]
- Other Interested Persons (attach additional pages if necessary)
[// GUIDANCE: Serve Notice of Hearing and a copy of this Petition on all “interested persons” as defined in SDCL § 29A-1-201(24), observing proof-of-service rules in SDCL § 29A-5-303.]
SCHEDULE 1 – DISCLOSURE OF POTENTIAL CONFLICTS
[Describe any business, financial, or personal relationships that could be construed as conflicts of interest.]
[// GUIDANCE: If no conflicts exist, insert “None.”]