LegalFix
Sign In

§ 29A-5-424 Good cause factors for restricting interaction.

SD Codified L § 29A-5-424 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

29A-5-424. Good cause factors for restricting interaction. A court may issue an order restricting the communications, visitations, or interactions that the other person may have with a protected person upon a showing of good cause by a guardian or conservator. In determining whether to issue an order, a court shall consider the following factors:

(1) Whether any protective order has been issued to protect the protected person from the other person;

(2) Whether the other person has been charged with abuse, neglect, or financial exploitation of the protected person;

(3) Whether the protected person has expressed a desire to communicate, visit, or interact with the other person or has expressed a desire not to communicate, visit, or interact with the other person;

(4) If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the protected person with regard to the other person's communication, visitation, or interaction with the protected person; and

(5) Any other factor deemed relevant by the court.Source: SL 2016, ch 150, § 4.

Previous Section
§ 29A-5-423 Court action to restrict interaction with family member.
Next Section
§ 29A-5-425 Types of restrictions--Supervised interaction.