South Dakota § 55-18-20 - Limitations on representation of settlor--Limitations on settlor's authority to bind beneficiary.
Full text of South Dakota South Dakota Codified Laws § 55-18-20 — Limitations on representation of settlor--Limitations on settlor's authority to bind beneficiary., with citation guidance and answers to common questions.
§ 55-18-20. Limitations on representation of settlor--Limitations on settlor's authority to bind beneficiary.
A settlor may be represented by a representative in amending, terminating, or revoking an inter vivos revocable trust only when the representative is:
(1) An agent under a written power of attorney when the settlor is incapacitated or not reasonably available and to the extent expressly authorized by the power of attorney with specific reference to the trust and expressly authorized by the terms of the governing instrument; or
(2) A conservator only to the extent authorized or approved by order of the court pursuant to § 29A-5-420 or equivalent provisions of another jurisdiction's laws.
In other respects, a settlor may be represented by a representative only pursuant to subdivisions 55-18-9(5), (11), (16), and (17) and pursuant to subdivision 55-18-9(1) to the extent authorized or approved by the court.
A settlor may not bind a beneficiary with respect to a trust termination pursuant to § 55-3-24 or 55-3-30 or a trust modification pursuant to § 55-3-24 or 55-3-30 where the ability to bind the beneficiary to the proposed trust modification would constitute a retained interest pursuant to 26 U.S.C. § 2036, as of January 1, 2017, or a revocable transfer pursuant to 26 U.S.C. § 2038 as of January 1, 2017.
Source: SL 2017, ch 208, § 20; SL 2018, ch 275, § 39.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 55-18-20
What does South Dakota Codified Laws § 55-18-20 cover?
Section 55-18-20 ("Limitations on representation of settlor--Limitations on settlor's authority to bind beneficiary.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 55-18-20?
A common citation format is "South Dakota Codified Laws § 55-18-20" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 55-18-20 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.