Denevan Falon Joyce
Experience that Matters
Guardianship protection refers to the legal process through which a guardian is appointed by the court to make decisions on behalf of an individual who is incapacitated or unable to make decisions for themselves due to age, disability, or other factors.
Generally, anyone who is concerned about the well-being and welfare of an individual who is incapacitated or unable to make decisions can file for guardianship. This can include family members, caregivers, or concerned parties.
To become a guardian in Emery, you must be at least 18 years old, of sound mind, and capable of fulfilling the duties and responsibilities of a guardian. The court will also consider your relationship with the proposed ward and your ability to act in their best interests.
Guardianship is established through a court process. The interested party files a petition for guardianship with the appropriate South Dakota court, providing information about the proposed ward's incapacity and the need for a guardian. The court will then evaluate the situation, hold a hearing, and determine if guardianship is necessary and who should be appointed as the guardian.
Yes, guardianship can be terminated in South Dakota. The court can terminate guardianship if it determines that the ward no longer requires a guardian, if the guardian fails to fulfill their duties, or if there are other valid reasons for termination. A petition must be filed with the court to request the termination of guardianship.