Document Type
Student Comment/Note
Abstract
Courts have the legal and ethical duty to monitor guardianship and conservatorship cases in order to protect the rights and livelihoods of persons subject to such arrangements. With increased aging populations and people with disabilities in America, this has become an area of concern for both federal and local governments. Lack of data regarding the number of guardianships and conservatorships present in America, as well as the number of individuals subject to abuse in such arrangements, has become difficult to address. However, recent highly publicized cases have brought this issue to the forefront of many American minds. The number of forms and procedures can make it a daunting process for all involved, especially when the forms themselves can be hard to understand or difficult to access. South Dakota has the opportunity to simplify and improve the process by enacting change in the way it deals with guardianships and conservatorships. This comment discusses the best ways it can do so based on amendments to statutes as well as the addition of new statutes or programs to best address this increasing problem.
DOI
https://doi.org/10.70657/SDLR.V71.I1.79
Recommended Citation
Peyton Forney-Rassat,
Oversight of Conservatorships and Guardianships in South Dakota: A Call for Legislative Reform,
71
S.D. L. Rev.
79
(2026).
Available at:
https://red.library.usd.edu/sdlrev/vol71/iss1/9