South Dakota Conservatorship vs Guardianship: What Each Order Controls

Two Separate Legal Roles Under One Filing

South Dakota splits court-ordered protective authority into two distinct roles, and the vocabulary is different from what you'll see in some other states. Under SDCL Title 29A, a guardian manages personal and physical welfare decisions — healthcare, housing, education, and daily living. A conservator manages the financial estate — bank accounts, property, contracts, investment decisions, and other non-SSA financial affairs. Social Security payments require separate SSA representative-payee status.

These are legally separate appointments, even though families often need both. The court can appoint the same person to serve in both roles, split the duties between different people, or grant only one type of authority depending on what the clinical evidence supports.

What a Guardian Decides

A guardian of the person has authority over the protected individual's non-financial life:

• Medical care — consenting to or refusing treatment, choosing healthcare providers, authorizing hospital admissions and psychiatric interventions
• Housing — deciding where the individual lives, whether that's the family home, a group residential setting, or an independent apartment with supports
• Education and services — making decisions about special education participation, transition services, and adult day programs
• Daily living — managing social activities, personal care, nutrition, and safety

The guardian does not control money. If the young adult receives SSI payments, the guardian or conservator must be separately designated as the Social Security representative payee through the SSA's administrative process to receive and manage those benefits.

What a Conservator Decides

A conservator of the estate manages the protected person's financial life:

• Banking — opening and managing accounts, depositing income, paying bills
• Contracts — signing leases, service agreements, and other binding documents on behalf of the protected person
• Benefits management — coordinating SSI, Medicaid, ABLE account contributions, and other financial benefit streams
• Property — managing real estate, vehicles, and personal property

A conservator must file an initial inventory of all the protected person's assets (Form UJS-140) within 90 days of appointment, and an annual financial accounting (Form UJS-141) every year thereafter. The court may also require the conservator to post a financial bond to protect the estate.

When You Need One, Both, or Neither

Guardian only works when the young adult's financial affairs are simple — perhaps they receive SSI managed through a representative payee, have no significant assets, and their financial needs are handled through the Family Support 360 or CHOICES waiver system. The family needs authority over medical and housing decisions but has no financial estate to manage.

Conservator only fits situations where the young adult can make personal decisions (with or without support) but cannot safely handle financial matters — signing contracts they don't understand, being vulnerable to financial exploitation, or managing complex benefit streams.

Both roles are necessary when the young adult needs comprehensive protection across personal and financial domains. This is common for individuals with significant intellectual disabilities who have both medical decision-making needs and financial assets or benefit streams that require active management.

Neither may be the right answer if powers of attorney, a representative payee designation, and informal supported decision-making cover all the practical gaps. South Dakota courts are statutorily required under SDCL 29A-5-302 to verify that less restrictive alternatives were evaluated before granting any protective order.

The Filing Process Is the Same

Whether you're petitioning for guardianship, conservatorship, or both, the procedural pathway runs through the same circuit court probate division:

• File the petition in the county where the young adult resides or is physically present (total filing cost: $72)
• Obtain DCI and FBI fingerprint background checks ($50 combined)
• Complete the mandatory State Bar of South Dakota guardian/conservator training (free, online)
• The court appoints an attorney for the young adult and a neutral court visitor
• The clinical capacity evaluation must address the specific domains you're requesting authority over
• The hearing determines whether the evidence supports the requested scope

You can petition for both roles in a single filing — you don't need to go through the process twice. The judge will evaluate each domain independently and can grant guardianship without conservatorship or vice versa, depending on the evidence.

The Reporting Burden Differs

Guardians file an annual personal welfare report (Form UJS-142) covering the individual's health, living situation, education, and social activities. Conservators file an annual financial accounting (Form UJS-141) — a detailed transaction ledger of all income and expenditures from the estate. If you hold both roles, you file both reports annually.

The South Dakota Adult Guardianship & Alternatives Guide includes step-by-step instructions for both the petition process and the ongoing reporting requirements, along with a decision framework to help you determine which type of authority — if any — your family actually needs.

See more South Dakota guides →