To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
1. A conservator or guardian of the estate may represent and bind the estate that such fiduciary controls;
2. A guardian may represent and bind the ward if a conservator or guardian of the ward’s estate has not been appointed;
3. An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
4. A trustee may represent and bind the beneficiaries of the trust;
5. A personal representative of a decedent’s estate may represent and bind persons interested in the estate;
6. A parent may represent and bind the parent’s minor or unborn child if a guardian of the estate or guardian for the child has not been appointed; and
7. If a minor or unborn person is not otherwise represented under this section, a grandparent or more remote ancestor may represent and bind that minor or unborn person.
History
2005, c. 935, § 55-543.03; 2012, c. 614.
