South Dakota statute
SDCL § 22-46-14 — Additional penalties against perpetrator for exploitation
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 46: Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities, South Dakota Codified Laws.
Full text of SDCL § 22-46-14
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
In addition to the damages prescribed in § 22-46-13, the court may impose the following penalties:
(1) Revoke, in whole or in part, any revocable:
(a) Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongeneral power of appointment on the perpetrator; and
(b) Nomination or appointment by the elder or adult with a disability that is contained in a governing instrument that nominates or appoints the perpetrator to serve in any fiduciary or representative capacity, including serving as a personal representative, executor, guardian, conservator, trustee, attorney in fact, or agent;
(2) Sever the interests of the elder or adult with a disability and the perpetrator in any property that is held by them at the time of the violation as joint tenants with the right of survivorship and transform the interests of the elder or adult with a disability and the perpetrator into tenancies in common. To the extent that the perpetrator did not provide adequate consideration for the jointly held interest, the court may cause the person's interest in the subject property to be forfeited in whole or in part.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.