Guardianship and conservatorship in South Dakota: who, where, cost

How a court can name a guardian or conservator in South Dakota, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian and conservator of a protected person; limited guardian or conservator; temporary guardian or conservator.

Filing fee
$72 total court costs for a guardianship ($25 filing fee + $40 court automation surcharge + $7 law library fee; covers all later papers in the case), South Dakota Unified Judicial System Guide to Filing Fees and Court Costs - Civil Filings, effective July 1, 2026.
Court
Circuit court in the county where the person lives or is present.

What guardianship or conservatorship is

What it is called

Guardian and conservator of a protected person; limited guardian or conservator; temporary guardian or conservator

When a court may appoint one

A guardian may be appointed for someone whose ability to respond to people, events and environments is so impaired that they cannot meet essential requirements for health, care, safety, habilitation or therapeutic needs without a guardian; a conservator for someone who cannot manage property or financial affairs or support themselves or dependents. Proof must be clear and convincing. The court must consider the person's limitations, maximum feasible self-reliance and independence, and the availability of less restrictive alternatives. The petition must include an evaluation report.

Law: SDCL 29A-5-302, 29A-5-303, 29A-5-306, 29A-5-312

Kinds
  • Guardian
  • Conservator
  • Limited guardian or conservator
  • Temporary guardian or conservator (up to 90 days, extendable 90 more)

Law: SDCL ch. 29A-5

Who can ask, which court and your own choice

Who may ask

The person alleged to need protection, an interested relative, the person or facility caring for them, the person they nominated as guardian or conservator, or any other interested person, including the Department of Human Services.

Law: SDCL 29A-5-305

Court

Circuit court in the county where the person lives or is present.

Choosing your own

You can nominate a conservator or guardian in a power of attorney or in a durable power of attorney for health care, or in any writing, orally to the court, or by other evidence. The court must follow your most recent nomination except for good cause or disqualification; if it does not appoint someone you designated in a power of attorney, it must give written findings.

Law: SDCL 59-12-7(1), 59-7-2.4, 29A-5-304

Effect on a power of attorney

If a court appoints a conservator or other fiduciary for your property, your financial power of attorney ends and the agent must account to the conservator and hand over your property. If a guardian of your person is appointed, your health care power of attorney ends, but the guardian must follow your stated medical and end-of-life wishes. Otherwise a guardian or conservator needs court approval to revoke or amend a durable power of attorney.

Law: SDCL 59-12-7(2); SDCL 59-7-11; SDCL 29A-5-118

Cost, fee waiver and forms

Filing fee

$72 total court costs for a guardianship ($25 filing fee + $40 court automation surcharge + $7 law library fee; covers all later papers in the case), South Dakota Unified Judicial System Guide to Filing Fees and Court Costs - Civil Filings, effective July 1, 2026.

Forms
Steps

Steps

Other options and where to report abuse

Less restrictive options
  • Less restrictive alternatives: The court must consider less restrictive alternatives and the person's maximum feasible self-reliance before appointing a guardian or conservator, and can limit the appointment.
  • Power of attorney: An agent you choose handles money and property.
  • Durable power of attorney for health care and living will: A health care agent and written end-of-life wishes.
  • Family health care consent: Family members in a set order can make health care decisions without a court.
Report abuse or exploitation

Adult Protective Services (South Dakota Department of Human Services, Long Term Services and Supports)

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in South Dakota

Report abuse or exploitation

Adult Protective Services (South Dakota Department of Human Services, Long Term Services and Supports)

Questions about powers of attorney in South Dakota

How does guardianship or conservatorship work in South Dakota?

A guardian may be appointed for someone whose ability to respond to people, events and environments is so impaired that they cannot meet essential requirements for health, care, safety, habilitation or therapeutic needs without a guardian; a conservator for someone who cannot manage property or financial affairs or support themselves or dependents.

What does a guardianship or conservatorship cost in South Dakota?

$72 total court costs for a guardianship ($25 filing fee + $40 court automation surcharge + $7 law library fee; covers all later papers in the case), South Dakota Unified Judicial System Guide to Filing Fees and Court Costs - Civil Filings, effective July 1, 2026.

What are the alternatives to guardianship in South Dakota?

Less restrictive alternatives; Power of attorney; Durable power of attorney for health care and living will; Family health care consent.

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