59-11-05. (305) Appointment of representative.
134 words·~1 min read·
/nd/title-59/chapter-59-11-representation/59-11-05·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. If the court determines that an interest is not represented under this chapter, or that
the otherwise available representation might be inadequate, the court may appoint a
representative to receive notice, give consent, and otherwise represent, bind, and act
on behalf of a minor, incapacitated or unborn individual, or a person whose identity or
location is unknown and not reasonably ascertainable. A representative may be
appointed to represent several persons or interests.
2. A representative may act on behalf of the individual represented with respect to any
matter arising under chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16,
59-17, 59-18, and 59-19, whether or not a judicial proceeding concerning the trust is
pending.
3. In making decisions, a representative may consider general benefit accruing to the
living members of the individual's family.