South Dakota Guardianship Forms UJS
Where to Find the Forms
The South Dakota Unified Judicial System (UJS) publishes all guardianship and conservatorship forms on its Self-Help portal under the Pro Se Forms section. These are free to download, and the UJS designed them specifically for individuals filing without attorney representation.
The forms live at the UJS Guardianship Forms page. You'll find everything needed for the petition process, ongoing reporting, and financial accounting — organized by stage of the proceeding.
Forms for Filing a Petition
When establishing guardianship or conservatorship for a disabled adult under SDCL Title 29A (the UGCOPAA), you'll need these documents:
Petition for Appointment of Guardian and/or Conservator — the core filing that initiates the case. It identifies the respondent, describes their functional limitations, names the proposed guardian or conservator, and explains why less restrictive alternatives won't work. The court filing fee is $72.
Notice of Hearing — served on the respondent personally at least 14 days before the hearing, and mailed to close family members. The form includes the hearing date, time, and court location.
Order Appointing Guardian and/or Conservator — the judge signs this after the hearing if the petition is granted. It specifies the scope of authority (limited or full) and any rights the protected person retains.
Nominee Qualification Forms
Before the court will appoint you, SDCL 29A-5-110 requires every nominee to clear several hurdles:
Fingerprint-based background check — both DCI (state) and FBI (federal). The UJS portal links to instructions for obtaining these through the South Dakota Division of Criminal Investigation. Combined processing fee: $50.
Nominee training — the State Bar of South Dakota requires all guardian and conservator nominees to complete an approved training course before formal appointment. The UJS nominee selection checklist describes the current requirements.
Civil record search — conducted by the Clerk of Courts in the county where the case is filed. This runs alongside the criminal background check.
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Annual Reporting Forms
Once appointed, guardians and conservators file annual reports with the court to maintain active oversight:
Form UJS-142 (Guardian's Annual Report) — due each year on the anniversary of appointment. This form covers the protected person's current living arrangement, physical and mental health status, social activities, services received, and any significant changes since the last report. It asks whether the guardianship remains necessary and whether the current scope is appropriate.
Form UJS-141 (Conservator's Annual Accounting) — required for anyone holding conservatorship authority. This form itemizes all income received, every expenditure made, and the current balance of all assets under management during the reporting period.
Form UJS-140 (Initial Inventory) — filed within 90 days of appointment (not annually). This is a comprehensive listing of every asset under the conservator's control at the time of appointment — bank accounts, real property, vehicles, personal property, and benefit income.
Common Filing Mistakes
The most frequent issue families encounter: missing the annual report deadline. The court doesn't send reminders. If your report is late, the court can issue a show-cause order and ultimately remove you as guardian. Set a calendar reminder 30 days before your anniversary date.
Another common mistake: filing a petition for full guardianship when a limited arrangement would satisfy the court. Under the UGCOPAA, judges must tailor the order to the respondent's actual limitations. If your capacity evaluation shows the individual can make some decisions independently, the court will narrow the order regardless of what you petitioned for. Filing for limited guardianship from the start demonstrates that you've considered the least restrictive option, which the court is required to evaluate under SDCL 29A-5-302.
Beyond the Forms
The UJS portal gives you the paperwork, but it doesn't walk you through the sequencing — which form to file first, how to prepare for the capacity evaluation, or how to present your case at the hearing. Our South Dakota SSI at 18 & Adult Disability Benefits Guide covers the complete guardianship process from initial decision-making assessment through annual reporting, with worksheets that help you organize the information each form requires before you start filling it out.
Get Your Free South Dakota — SSI at 18 Checklist
Download the South Dakota — SSI at 18 Checklist — a printable guide with checklists, scripts, and action plans you can start using today.