Privacy Protections on Probate Cases

South Dakota provides for the confidentiality of documents submitted in a guardianship or conservatorship case.

South Dakota provides for the confidentiality of documents submitted in a guardianship or conservatorship case. | South Dakota provides for the confidentiality of documents submitted in a guardianship or conservatorship case.

South Dakota provides for the confidentiality of documents submitted in a guardianship or conservatorship case.

Documents submitted prior to a guardianship or conservatorship hearing, specifically the evaluation report, statement of financial resources, and written report of the court representative, shall be sealed upon filing and may not be made a part of the public record of the proceeding but shall be available to:

(1) the court,
(2) the person alleged to need protection,
(3) the petitioner,
(4) the court representative,
(5) their attorneys, and
(6) such other interested persons as the court may order upon a showing of the need.

The hearing on the petition to appoint a guardian or conservator may be closed to the public on the request of the person alleged to need protection, the person’s attorney, or on the court’s own motion.

S.D.C.L. §§ 29A-5-311
29A-5-312

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