72-38-303. Representation by fiduciaries and parents.
238 words·~1 min read·
/mt/title-72/chapter-38/part-3/72-38-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
72-38-303 . Representation by fiduciaries and parents. 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 may represent and bind the estate that the conservator controls;
(2)a guardian may represent and bind the ward if a conservator 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; and
(6)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. The parent entitled to represent and bind the child is determined in the following order of priority:
(a)the parent who is a lineal descendant of a settlor;
(b)the parent who is a beneficiary of the trust that is the subject of the representation;
(c)the parent with legal custody of the child; and
(d)if one parent cannot be determined pursuant to the preceding criteria and if a disagreement arises between the parents seeking to represent the same child, a guardian ad litem must be appointed to represent the minor child.