S.D. Codified Laws § 55-18-17

Current through the 2024 Legislative Session

Section 55-18-17 - Discretion of representative-Fiduciary status

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.

SDCL 55-18-17

SL 2017, ch 208, §17.

Added by S.L. 2017, ch. 208,s. 17, eff. 7/1/2017.