Transfer of Rights - Students
Transfer of Rights Guide
For Students with Disabilities
When you become an adult, you may need extra help from someone when making decisions to keep yourself healthy and safe. There are different ways that people can help you. Learn more about your options in this flyer.
Transfer of Rights Guide for Students with Disabilities
SD Law Says:
- You become an adult when you turn 18.
- You make all of your own decisions.
- No one can speak on your behalf (unless you give them permission).
Power of Attorney
"Yea, I'm 18!"
When you become an adult, you may need extra help from someone when making decisions to keep yourself healthy and safe. There are different ways that people can help you. One way is to choose a Power of Attorney.
"Huh, what's that?"
Power of Attorney is when you choose a person to help make decisions for you and act on your behalf.
There are two types:
Power of Attorney
- You tell someone or put into writing that you want him/her to be your Power of Attorney
- If something happens to you and you can't make decisions on your own, the person you chose as your Power of Attorney can't make decisions for you either
- You can choose to have a different Power of Attorney at any time, and you can decide to stop having a Power of Attorney at any time
Durable Power of Attorney
- An attorney should help write the document which says you want a certain person to be your Durable Power of Attorney
- The Durable Power of Attorney will make decisions for you even if you become unable to make decisions on your own
- You can choose to have a different Power of Attorney at any time, and you can decide to stop having a Power of Attorney at any time - unless you become unable to make decisions
Conservators & Guardians
There are two more ways that someone can help you make decisions. They are called a Conservator and a Guardian.
Conservator
What
Person who helps you make decisions about your money
Who
- One or more adults; or
- Public agency; or
- Non-profit corporation; or
- Bank or trust company
How
Appointed by a judge during a court hearing
Guardian
What
Person who helps you make decisions about your life, such as where you live, and educational and medical decisions
Who
- One or more adults; or
- Public agency; or
- Non-profit corporation
How
Appointed by a judge during a court hearing
How it works
You will receive a letter in the mail stating that someone wants to be your conservator and/or guardian. The letter will tell you when to come to court.
You will go to court to talk with the judge. If you do not want a conservator and/or guardian or you want someone else, ask the judge for an attorney to help you.
The judge decides if you need a conservator and/or guardian and which decisions you need help with.
If the judge decides you need a conservator and/or guardian, the judge issues an order appointing someone and you will receive a copy of that order.
If you disagree with the judge's decision, you have 30 days to find an attorney and tell the court you want the decision changed.
You can also go to the court at a later time to try to get the conservatorship and/or guardianship changed.
3 Different Types of Conservators & Guardians
Full
All areas of your life
Temporary
Need help right away, but only for a short time
Limited
Only some areas of your life
Your Rights When You Have a Conservator and/or Guardian
- You continue to have all rights not given to your conservator and/or guardian.
- You should continue to participate in making decisions about all areas of your life.
- You can seek to have the court change the conservator and/or guardian; change the areas of your life in which you need help; or remove the conservator and/or guardian if you no longer need help. You can ask the court to appoint an attorney to help you.
Contact Information
Lifescape
1-800-584-9294
Disability Rights South Dakota
1-800-658-4782
South Dakota Parent Connection
1-800-640-4553
This document is for informational purposes only. It is not intended as legal advice. Because each situation is unique, it is recommended that you consult an attorney to discuss all options. The contents and printing were developed under a grant from the U.S. Department of Education (Project #H328M140021). However, the contents do not neccessarily represent the policies of the Department of Education, and you should not assume endorsement by the Federal Government.