Annual report of guardian of protected person.

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29A-5-403. Annual report of guardian of protected person.

A guardian of a protected person shall file a report with the court within sixty days following the first anniversary of the appointment and:

(1)At least annually thereafter;

(2)When the court orders additional reports to be filed;

(3)When the guardian resigns or is removed; and

(4)When the guardianship is terminated unless the court determines that there is then no need therefor.

A guardian may elect to file a periodic report on a calendar-year basis. However, in no event may such a report cover a period of more than one year. A calendar-year report shall be filed with the court no later than April fifteenth of the succeeding year.

A report shall briefly state:

(1)The current mental, physical and social condition of the protected person;

(2)The living arrangements during the reporting period;

(3)The medical, educational, vocational and other professional services provided to the protected person and the guardian's opinion as to the adequacy of the protected person's care;

(4)A summary of the guardian's visits with and activities on the protected person's behalf;

(5)If the protected person is institutionalized, whether the guardian agrees with the current treatment or habilitation plan;

(6)A recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship;

(7)Any other information requested by the court or useful in the opinion of the guardian;

(8)The compensation requested and the reasonable and necessary expenses incurred by the guardian; and

(9)The date on which the guardian completed the training curricula required pursuant to § 29A-5-119.

A guardian shall mail a copy of the report to the individuals and entities specified in §29A-5-410 no later than fourteen days following its filing.

Any interested person may request a hearing on the report. The court may order the guardian to attend the hearing on the report on the court's own motion or on the petition of any interested person. A report of the guardian may be incorporated into and made a part of the accounting of the conservator.

Source: SL 1993, ch 213, §46; SL 1994, ch 233, §3; SDCL 30-36-46; SL 1995, ch 167, §181; SL 2021, ch 121, § 3.


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