Matter of Guardianship of Larson

[¶ 39.] I respectfully dissent as to some of the expenses approved by the majority.

[¶40.] As a preliminary matter, the controlling statutory law must be identified. The majority applies SDCL 30-23-1 through 30-23-3 as well as SDCL 30-26-3 and 30-25-28 to this guardianship accounting. However, on July 1, 1993, the prior law was repealed and replaced by SDCL ch 29A-5, the current South Dakota Guardianship and Con-servatorship Act. Although the new law specified that it would not have retroactive application to guardianship accountings, SDCL 29A-5-103, that does not mean that account-ings for…