§ 22-46-14 Additional penalties against perpetrator for exploitation.

SD Codified L § 22-46-14 (2019) (N/A)

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22-46-14. Additional penalties against perpetrator for exploitation. In addition to the damages prescribed in § 22-46-13, the court may impose the following penalties:

(1) Revoke, in whole or in part, any revocable:

(a) Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongeneral power of appointment on the perpetrator; and

(b) Nomination or appointment by the elder or adult with a disability that is contained in a governing instrument that nominates or appoints the perpetrator to serve in any fiduciary or representative capacity, including serving as a personal representative, executor, guardian, conservator, trustee, attorney in fact, or agent;

(2) Sever the interests of the elder or adult with a disability and the perpetrator in any property that is held by them at the time of the violation as joint tenants with the right of survivorship and transform the interests of the elder or adult with a disability and the perpetrator into tenancies in common. To the extent that the perpetrator did not provide adequate consideration for the jointly held interest, the court may cause the person's interest in the subject property to be forfeited in whole or in part.Source: SL 2016, ch 120, § 29.

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§ 22-46-13 Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

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§ 22-46-15 Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest.