Representation by fiduciaries and parents.

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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:

A. a conservator may represent and bind the estate that the conservator controls;

B. a guardian may represent and bind the protected person if a conservator of the protected person's estate has not been appointed;

C. an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

D. a trustee may represent and bind the beneficiaries of the trust;

E. a personal representative of a decedent's estate may represent and bind persons interested in the estate; and

F. a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed.

History: 1978 Comp., § 45-1-403.3, enacted by Laws 2016, ch. 69, § 706.

ANNOTATIONS

Effective dates. — Laws 2016, ch. 69, § 727A made Laws 2016, ch. 69, §§ 701 through 723 effective July 1, 2016.


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