75-7-303 - Representation by fiduciaries and parents.
75-7-303. Representation by fiduciaries and parents.
To the extent there is no conflict of interest between the representative and the personrepresented or among those being represented with respect to a particular question or dispute:
(1) a conservator may represent and bind the protected person whose estate theconservator controls;
(2) a guardian may represent and bind the ward if a conservator of the ward's estate hasnot been appointed;
(3) an agent having authority to act with respect to the particular question or dispute mayrepresent 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 personsinterested in the estate; and
(6) a parent may represent and bind the parent's minor or unborn child if a conservator orguardian for the child has not been appointed.
Repealed and Re-enacted by Chapter 89, 2004 General Session