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Code · South Dakota · Title 29 · Chapter 29-5

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

168 words·~1 min read·/sd/title-29/chapter-29-5/29a-5-424·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.
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