South Dakota Code § 55-18-17

Discretion of representative--Fiduciary status
Open in Lexace · Ask the AI about this section
A representative may make a decision with broad discretion and no representative is liable for an action or omission unless the representative:
(1) Acts dishonestly;
(2) Acts with an improper motive; or
(3) Fails, if under a duty to do so, to act.
A representative may represent any number of persons. A representative is not a fiduciary solely by reason of being a representative unless otherwise ordered by the court, expressly affirmed in writing by the representative, or provided in the governing instrument.
The provisions of this section do not expand or diminish the duties of an attorney.

‹ Prev All South Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.