§ 15-5-303 — Representation by fiduciaries and parents

(1) 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:

(a) A conservator may represent and bind the protected person whose estate
the conservator controls;

(b) A guardian may represent and bind the ward if a conservator of the
ward's estate has not been appointed;

(c) An agent having authority to act with respect to the particular question or
dispute may represent and bind the principal;

(d) A trustee may represent and bind the beneficiaries of the trust;

(e) A personal representative of a decedent's estate may represent and bind
persons interested in the estate; and

(f) A parent may represent and bind, or appoint another person to represent
and bind, the parent's minor or unborn child if a conservator or guardian for the
child has not been appointed, provided that a person appointed by a settlor to
represent the settlor's minor or unborn child may not be related or subordinate to
the settlor within the meaning of section 672 (c) of the federal Internal Revenue
Code of 1986, as amended.

Legislative History

Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1159, � 1, effective January 1, 2019.