Elder Laws in South Dakota.

Guardianship of incapacitated adults is adjudicated in Circuit Court. Less restrictive alternatives preferred. Annual reporting required.

South Dakota has adopted the Uniform Power of Attorney Act. Powers may be durable and continue through principal's incapacity.

South Dakota authorizes Living Will Declarations and Durable Powers of Attorney for Health Care.

Federal 60-month lookback on asset transfers. SD administers Medicaid through the Department of Social Services.

APS investigates reports of abuse, neglect, and exploitation of vulnerable adults. Certain professionals are mandated reporters.

Criminal statute. Class 6 felony for abuse, neglect, or exploitation of an elderly or disabled adult; escalates based on circumstances.