Sioux Falls Conservatorship Attorneys
Protecting the Interests of Vulnerable Individuals
Sometimes the elderly, disabled, or impaired require help making decisions and managing their finances. Conservatorship is designed for individuals who need someone to manage their affairs. At Ver Beek Law, our Sioux Falls conservatorship lawyers provide assistance with conservatorship proceedings, guidance to those named as conservators, and help clients use incapacity planning to avoid conservatorship in the future.
If you have questions about conservatorship, call (605) 250-2227 to schedule an appointment with an attorney in our office.
Understanding the law is important when seeking guardianship or conservatorship in South Dakota. The rules, requirements, and procedures for conservatorship are set forth in the South Dakota Guardianship and Conservatorship Act. Our attorneys have extensive knowledge of this law and can guide you through the process as well as advocate on your behalf.
Reasons for Conservatorship
The main reason for a conservatorship is an individual’s inability to manage their affairs. This could be due to a serious injury, illness, disability, or other impairment. The conservator of the protected person uses the income and principal of the estate to provide for the individual’s support, care, health, and therapeutic needs.
According to South Dakota law, a conservator may be appointed for an individual who is:
- impaired to such an extent that he or she lacks the capacity to manage property or finances;
- unable to support legal dependents without the assistance of a conservator;
- absentee and financial affairs require attention and supervision; and/or
- a minor and meets the other requirements for need.
When there is an immediate need, the court may appoint a temporary conservator to act on behalf of the impaired person. Conservatorships are valid for 90 days, unless extended. This can give time for the court to appoint a permanent guardian.
How Conservatorship Works in South Dakota
If someone in your life becomes incapacitated and requires help managing their affairs, we can help you take the first step by initiating conservatorship proceedings. The court will appoint a conservator to make decisions and act on the behalf of the incapacitated person. The person appointed as conservator has a fiduciary responsibility to the impaired person.
The conservator is responsible for making financial decisions, such as:
- taking care of real estate;
- handling investments;
- managing bank accounts;
- paying bills; and/or
- managing property.
The conservator should only act as necessary for the protected person but should also include the individual in the decision-making process, whenever possible and feasible. In addition, the conservator is required by law to act in the best interests of the protected person, exercise reasonable care, and diligence in his or her role. After the naming of a conservator, the court remains involved in an oversight capacity to ensure that the conservator is making the best decisions for the impaired person and not seeking to enrich themselves.
A Team Approach to Quality Legal Representation
The Sioux Falls conservatorship attorneys and legal staff at Ver Beek Law are all a team. Each case is important to us and we use a team approach to ensure that we meet the needs of our clients.
Honest & Straightforward
We pride ourselves on being trusted advisors. If we feel pursuing something could negatively impact your case, it's our job to let you know.
Legal matters can impact many areas of your life; therefore, we help our clients identify potential snares and give them the tools they need.
No case is the same. We take the time to listen to our clients and really understand their goals and the future they are trying to build.
You can be confident our attorneys and staff have the experience and knowledge to help you make the right decisions with your legal matter.