Trusted Guardianship And Conservatorship Lawyers Serving Sioux Falls Families

Caring for a loved one who can no longer manage their own affairs raises difficult questions. What legal protections are available? Who has the authority to make decisions? How does the process begin? These are not easy conversations, and they deserve thoughtful, personal answers.

Since 1894, the guardianship attorneys at Christopherson, Anderson, Paulson & Fideler, LLP, have built our practice on direct, one-on-one client relationships. As part of our estate planning and probate practice, we work to understand your family’s situation and help you find the right path forward.

When Is Guardianship Or Conservatorship Necessary?

The need for guardianship or conservatorship can develop over time or follow a sudden medical crisis. South Dakota law provides these legal tools to protect those who can no longer manage their own affairs. Common situations include:

• Aging parent with dementia or Alzheimer’s: Cognitive decline can limit a parent’s ability to make safe medical decisions. It can also make managing finances difficult without support.
• Adult with a developmental disability or mental illness: A long-term condition may prevent someone from managing their affairs or finances. A court-supervised arrangement can offer reliable protection.
• Adult after a stroke, brain injury or serious accident: A severe medical event can leave someone unable to make decisions. Families often need to act quickly to put legal protection in place.
• Child whose parents are unavailable: When parents are deceased, incarcerated, absent or unsafe, the court can appoint a guardian. The guardian’s role is to protect the child’s well-being.
• Minor receiving an inheritance or legal settlement: When a child is set to receive significant funds, a conservator manages those assets. They remain in that role until the child reaches adulthood.

Our attorneys can help you find the right legal protection for your situation. We will guide your family through the South Dakota court process, from filing the first petition to meeting your duties after appointment.

What Is Guardianship?

Under South Dakota law, the court can appoint a guardian to oversee the personal affairs of a minor or protected person. A guardian’s core duties include:

• Personal care decisions: Making decisions about the ward’s healthcare and living arrangements in their best interests
• Regular contact: Staying closely involved in the ward’s life to track their needs and changes over time
• Encouraging independence: Supporting the ward in making their own decisions when they are able to do so
• Respecting the ward’s wishes: Honoring the ward’s values and preferences when making decisions on their behalf
• Annual court reports: Filing detailed reports with the court each year covering the ward’s condition and care

Guardianship does not remove all of a person’s legal rights. Courts grant only the authority the situation requires. In some cases, a limited guardianship covering specific areas of personal decision-making may be enough. A guardianship lawyer can help you with the filing process and your legal duties before and after appointment.

What Is Conservatorship?

Where guardianship governs personal decisions, conservatorship governs financial ones. The court can appoint a conservator to manage the estate and finances of a minor or protected person. The court may also name the same person to serve in both roles. A conservator’s core duties include:

• Asset management: Managing the person’s assets and property with care to protect their estate over time
• Financial support: Using estate income to cover the person’s care and support needs
• Estate inventory: Filing a full listing of all property with the court within 90 days of appointment
• Annual accountings: Submitting financial reports to the court each year covering all income and spending
• Encouraging participation: Including the protected person in financial decisions when possible

Conservators carry a serious fiduciary duty, and courts hold them to a high standard. A conservatorship attorney can help you meet your filing duties and handle any court matters that come up.

Contact Our Guardianship Attorneys In Sioux Falls Today

When a loved one can no longer make decisions on their own, your family needs attorneys who will sit down with you, listen carefully and walk you through your options. At Christopherson, Anderson, Paulson & Fideler, LLP, our guardianship lawyers have worked that way for more than 120 years. Every client we serve in South Dakota receives that same direct, personal attention.

We offer a free initial consultation for all new clients. Call us at 605-679-6745 or send us a message through our website to schedule your consultation.