Beginning July 1, South Dakota Codified Law 29A-5-110 will require adults seeking guardianship or conservatorship of an individual to obtain a state or federal criminal background check. Furthermore, the individual will need to pass a state public civil records search. These additions make great strides in protecting minors and elders, which has been a recent focus of state legislators.
Before this addition, SDCL 29A-5-110 allowed any adult individual to be appointed as a guardian or conservator as long as he or she was “capable of providing an active and suitable program of guardianship”. In fact, the law only barred those holding an interest of a creditor from eligibility for appointment as either a guardian or a conservator. In March, however, pressure came from Chief Justice David Gilbertson to protect South Dakota seniors and adults with disabilities from abuse, neglect, and exploitation. Gilbertson headed the Elder Abuse Task Force that ultimately spearheaded SB54, an elder abuse protection act, and SDCL 29A-5-110.
Those seeking guardianship or conservatorship can now find required fingerprint cards and instructions for obtaining necessary background checks at any Clerk of Court Office in the state. Fingerprinting will need to be performed by a law enforcement agency. According to the South Dakota Division of Criminal Investigation and the FBI, the cost of fingerprint services and federal record searches totals $43.25. Individuals seeking guardianship or conservatorship are responsible for paying incurred fees to the South Dakota Division of Criminal Investigation.
Abuse, neglect, and exploitation were described by South Dakota Legislators as crimes “hiding in plain sight.” Now, minors and elders have reasonable measures of protection against unfit guardians and conservators.
For further information on guardian or conservatorship, contact a licensed attorney at Goosmann Law Firm. You can also continue to follow the Lockbox Lawyer blog here.