§ 91-8-303. Representation by fiduciaries and parents.
251 words·~1 min read·
/ms/title-91-trusts-and-estates/article-3-representation/91-8-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
A conservator or guardian may represent and bind the estate that the conservator or guardian controls;
A conservator or guardian may represent and bind the ward if a conservator or guardian of the ward’s estate has not been appointed;
An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
A trustee may represent and bind the beneficiaries of the trust;
A personal representative of a decedent’s estate may represent and bind persons interested in the estate;
A parent may represent and bind the person’s minor or unborn child if a conservator or guardian for the descendant has not been appointed;
A grandparent may represent the grandparent’s grandchild if that grandchild is not already represented by a parent under paragraph (6);
A person designated by the settlor either in the trust instrument or in a writing delivered to the trustee, or designated in a writing delivered to the trustee by a trust protector or trust advisor with power under the terms of the trust instrument to represent the beneficiaries of the trust, may represent and bind the beneficiaries; and
Any person acting in a fiduciary capacity shall exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Acts created under Chapter 23, Title 91.