South Dakota Code § 51A-19-1

Definitions
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Terms used in this chapter mean:
(1) "Account," a contract for the deposit of funds between the depositor and a financial institution, provided:
(a) The account is owned by a consenting, senior, or vulnerable adult, whether individually or with one or more other individuals; or
(b) A consenting, senior, or vulnerable adult is a beneficiary of the account;
(2) "Consenting adult," any account holder who consents, in writing, to the financial institution and its employees responding to any reasonable concern regarding financial exploitation;
(3) "Financial exploitation," the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property, or the identifying information of a consenting, senior, or vulnerable adult, by any individual or an act or omission by an individual, including through the use of a power of attorney on behalf of, or as the conservator or guardian of, a consenting, senior, or vulnerable adult, to:
(a) Obtain control, through deception, intimidation, fraud, or undue influence over the consenting, senior, or vulnerable adult's money, assets, or other property, to deprive the consenting, senior, or vulnerable adult of the ownership, use, benefit, or possession of the property; or
(b) Convert the money, assets, or other property of a consenting, senior, or vulnerable adult to deprive the adult of the ownership, use, benefit, or possession of the property;
(4) "Financial institution," a bank, savings bank, building and loan association, savings and loan association, or credit union; any other similar organization that is covered by federal deposit insurance; a subsidiary or affiliate of any entity listed in this subdivision; or a trust company;
(5) "Senior adult," an individual age sixty-five or older;
(6) "Transaction," any of the following as applicable to services provided by a financial institution:
(a) A transfer or request to transfer or disburse funds or assets in an account;
(b) A request to initiate a wire transfer, initiate an automated clearinghouse transfer, or issue a money order, cashier's check, or official check;
(c) A request to negotiate a check or other negotiable instrument;
(d) A request to change the ownership of, or access to, an account;
(e) A request for a loan, guarantee of a loan, extension of credit, or draw on a line of credit;
(f) A request to encumber any movable or immovable property, including real property, personal property, or fixtures; and
(g) A request to designate or change the designation of beneficiaries to receive any property, benefit, or contract right for a consenting, senior, or vulnerable adult at death; and
(7) "Vulnerable adult," an individual age eighteen or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed.

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