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 conservator ad litem may represent and bind the ward with respect to a particular question or dispute over which a conservator does not have authority;
- (3) a guardian may represent and bind the ward with respect to a particular question or dispute if a conservator or conservator ad litem is not authorized to act with respect to that particular question or dispute;
- (4) a parent may represent and bind the parent's minor or unborn child if a conservator, conservator ad litem, or guardian for the child has not been appointed;
- (5) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
- (6) a trustee may represent and bind the beneficiaries of the trust; and
- (7) a personal representative of a decedent's estate may represent and bind persons interested in the estate.
(L. 2004 H.B. 1511)
Effective 1-01-05, see § 456.11-1104