South Dakota Code § 55-18-4

Conditions under which representative may not bind person represented
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Notwithstanding the provisions of §
55-18-3
, no representative may bind the person represented if, prior to the representative binding the person in the matter in question:
(1) The court finds that the person cannot be adequately represented pursuant to §
55-18-19
;
(2) The representative refuses to act pursuant to §
55-18-11
;
(3) The representative has been removed by a person with power to remove the representative; or
(4) The represented person notifies:
(a) The trustee;
(b) The notifier; and
(c) The representative, that the represented person will not be bound by the representative.

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