South Dakota Guardianship And Conservatorship Protection Attorney

Guardianships and conservatorships help individuals who lack the capacity to manage their personal, health or financial needs. In theory, conservatorship and guardianship are essential legal tools that help individuals continue living as independently as possible. However, the appointment of a conservator or guardian does not always go as planned and could negatively impact the conservatee’s safety or health.

While our firm, Denevan Falon Law Firm Prof. LLC., was founded in Sioux Falls in 2022, our attorney, Corey T. Denevan, has over 25 years of experience helping individuals and families across South Dakota navigate conservatorships. Furthermore, he possesses the required knowledge to help families protect their loved and limit the potential of conservatorship abuse.

What Rights Does A Conservatee Have?

The rights possessed by the conservatee depend entirely on whether the conservatorship is limited or general in scope. For a general conservatorship, which is the most common, conservatees will have the right to:

• Receive mail
• Hire a lawyer
• Make or alter a will
• Accept or deny medical treatment
• Request a review of the conservatorship

While in some situations, conservatees could even have these rights taken away, they will typically still have the ability to make many decisions for themselves and potentially end the conservatorship if needed.

How Can You Protect A Loved One From Conservatorship Abuse?

Conservatorship abuse is a common concern for families, and unfortunately, it is a reality for many South Dakotans. Families have multiple options to protect their loved ones from potential abuse, including:

• Teaching conservatees about scams
• Creating a power of attorney
• Setting up health care directives
• Reviewing financial documents

South Dakota families who take each of these steps can prevent their loved ones from falling victim to common abuse tactics. Moreover, families should ensure their loved one has ample social support and connections, as this can help them avoid feeling isolated and learn from the experience of their peers.

Can Families Challenge A Conservatorship In Court?

Yes, in South Dakota, conservatorships can be contested, but only by the conservatee themselves or other interested individuals. Individuals can file challenges based on the actual need of a conservatorship or against the person appointed as the conservator. Interested parties can also contest conservatorships based on the actions of the conservator, such as abuse or financial misconduct. Finally, if there is a substantial change in circumstances, families can refute the need for a conservatorship.

Offering Free Consultations For Conservatorship Cases

Conservatorship abuse is a threat most families never think they will face. But, when a loved one needs additional assistance managing their healthcare or personal and financial needs, that threat can quickly turn into reality. Our attorney is passionate about protecting conservatees and helping their families do the same. To get in touch with our conservatorship protection attorneys and to schedule a free consultation, please call our office at 605-800-8897 or email our staff.