South Dakota § 29A-5-306 - Report to be included with petition--Contents.

§ 29A-5-306. Report to be included with petition--Contents.

The petition shall include a report evaluating the condition of the person alleged to need protection which shall contain, to the best information and belief of its signatories:

(1)    A description of the nature, type, and extent of the person's incapacity, including the person's specific cognitive and functional limitations;

(2)    Evaluations of the person's mental and physical condition and, where appropriate, educational condition, adaptive behavior, and social skills;

(3)    If the appointment of a guardian is requested, a description of the services, if any, currently being provided for the person's health, care, safety, habilitation, or therapeutic needs and a recommendation as to the most suitable living arrangement and, if appropriate, treatment or habilitation plan and the reasons therefor;

(4)    If the appointment of a conservator is requested, a description of the services, if any, currently being provided for the management of the person's estate and financial affairs;

(5)    An opinion as to whether the appointment of a guardian or conservator is necessary, the type and scope of the guardianship or conservatorship needed, and the reasons therefor;

(6)    If the petition states that the incapacity of the person alleged to need protection will prevent attendance at the hearing, an opinion as to whether such attendance would be detrimental to the person's health, care or safety;

(7)    A statement as to whether the person alleged to need protection is on any medications that may affect the person's actions, demeanor and participation at the hearing;

(8)    The signature of a physician, psychiatrist or licensed psychologist, and the signatures of any other individuals who made substantial contributions toward the report's preparation; and

(9)    The date of any assessment or examination upon which the report is based and if any of the assessments or examinations were performed more than three months prior to the date of the filing of the petition, a statement by a physician, psychiatrist or licensed psychologist that there has been no material change in the condition of the person alleged to need protection since the dates that such assessments or examinations were performed.

The court, for good cause shown, may grant leave to file the petition without an evaluation report. If such leave is granted, the court shall order the appropriate assessments or examinations and shall order that a report be prepared and filed with the court.

No evaluation report need be prepared if the petition has been brought on the basis that the person alleged to need protection is an absentee.

Source: SL 1993, ch 213, § 34; SDCL 30-36-34; SL 1995, ch 167, § 181.