75-7-303 - Representation by fiduciaries and parents.
75-7-303. Representation by fiduciaries and parents.
To the extent there is no conflict of interest between the representative and the personrepresented or among those being represented with respect to a particular question or dispute:
(1) a conservator may represent and bind the protected person whose estate theconservator controls;
(2) a guardian may represent and bind the ward if a conservator of the ward's estate hasnot been appointed;
(3) an agent having authority to act with respect to the particular question or dispute mayrepresent 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 personsinterested in the estate; and
(6) a parent may represent and bind the parent's minor or unborn child if a conservator orguardian for the child has not been appointed.
To the extent there is no conflict of interest between the representative and the personrepresented or among those being represented with respect to a particular question or dispute:
(1) a conservator may represent and bind the protected person whose estate theconservator controls;
(2) a guardian may represent and bind the ward if a conservator of the ward's estate hasnot been appointed;
(3) an agent having authority to act with respect to the particular question or dispute mayrepresent 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 personsinterested in the estate; and
(6) a parent may represent and bind the parent's minor or unborn child if a conservator orguardian for the child has not been appointed.
Repealed and Re-enacted by Chapter 89, 2004 General Session