How Do I Name a Guardian for My Minor Children in South Dakota?

See how a parent names a guardian for their minor children in South Dakota, what weight the court gives your choice, and your options for temporary care.

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Naming a Guardian in South Dakota

Where you name one: A will or a separate signed writing
What it takes to sign: Your signature
Official form: None
Age of majority: 18

What the Court Does With Your Choice

Weight given to your nomination: One factor in the court's best-interest decision
Your child's own preference: Child 14+ may choose

Name a guardian alongside the rest of your plan, and set aside how your children's inheritance is managed until they are grown.

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Temporary Care Without Going to Court

South Dakota does not provide a non-court document for delegating a parent's authority over a minor. A court guardianship is the formal route.

Who Cannot Serve as Guardian

convicted of a felony (unless the court finds appointment in the minor’s best interest, weighing nature/date of offense and rehabilitation)
a person whose only interest is that of a creditor, other than a bank or trust company
an agency, entity, or facility providing substantial services or financial assistance to the minor (waivable by the court for best interest)
fails the required Interstate Identification Index criminal-history and South Dakota civil-judgment record check (abuse/neglect/exploitation), unless waived
lacks the SDCL 29A-5-119 training-curriculum completion certificate from the State Bar of South Dakota, unless waived

This guide summarizes state guardian-designation statutes and is not legal advice. Rules vary by state and locality. Consult a licensed attorney for guidance specific to your family's situation.

Frequently Asked Questions

In South Dakota, a parent names a guardian for a minor child in a will or a separate signed writing (SDCL 29A-5-202). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (SDCL 29A-5-202).

Yes. South Dakota recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

No. South Dakota has no non-court document for delegating a parent's authority over a minor; a court guardianship is the route.

In South Dakota, a child 14 or older may choose their guardian, subject to the court's approval (SDCL 29A-5-202).

South Dakota sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (SDCL 29A-5-110)

Naming a Guardian in South Dakota

In South Dakota, the age of majority is 18. Until a child reaches it, a parent may name a guardian in a will or a separate signed writing.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest. A backup guardian named in the same document applies if the first choice cannot serve.

South Dakota recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nomination. For short-term needs, South Dakota provides no non-court document for delegating a parent's authority over a minor.

A child's own wishes: a child 14 or older may choose their guardian, subject to the court's approval.

A last will is the standard place to name a guardian, and a revocable living trust sets aside how a child's inheritance is managed until they are grown.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from South Dakota statutes and official state code. How we research.

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