§ 36C-3-303. Representation by fiduciaries, parents, and other persons.
§ 36C‑3‑303. Representation by fiduciaries, parents, and other persons.
To the extent that there is noconflict of interest between the representative and the person represented oramong those being represented with respect to a particular question or disputeinvolving a trust:
(1) A general guardianor a guardian of the estate may represent and bind the estate that the guardiancontrols.
(2) Repealed by SessionLaws 2007‑106, s. 11, effective October 1, 2007.
(3) An agent under apower of attorney having authority to act with respect to the particularquestion or dispute may represent and bind the principal.
(4) A trustee mayrepresent and bind the beneficiaries of the trust unless the question ordispute involves the internal affairs of the trust.
(5) A personalrepresentative of a decedent's estate may represent and bind persons interestedin the estate.
(6) A parent mayrepresent and bind the parent's minor child if a general guardian or guardianof the estate for the child has not been appointed. If a disagreement arisesbetween parents seeking to represent the same minor child, the parent who is abeneficiary of the trust that is the subject of the representation is entitledto represent the minor child or, if no parent is a beneficiary of the trust thatis the subject of the representation, a parent who is a lineal descendant ofthe settlor is entitled to represent the minor child, or if no parent is alineal descendant of the settlor, a guardian ad litem shall be appointed torepresent the minor child.
(7) A person mayrepresent and bind that person's unborn issue. (2005‑192, s. 2; 2007‑106, s. 11.)