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: Laws 2003, ch. 122, § 3-303; 2009, ch. 159, § 42.
ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection B, deleted "ward" and added "protected person".
Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).