§ 59-11-01 — (301) Representation - Basic effect

North Dakota § 59-11-01

• Jurisdiction: North Dakota
• Title 59: Trusts, Uses, and Powers
• Ch. 59-11: Representation

Text

1. Notice to a person who may represent and bind another person under this chapter has
the same effect as if notice were given directly to the other person. Notice of a hearing
on any petition for a judicial hearing must be given as provided in the North Dakota
Rules of Civil Procedure.
2. The consent of a person who may represent and bind another person under this
chapter is binding on the person represented unless the person represented objects to
the representation to the trustee or representative before the consent would otherwise
have become effective.
3. Except as otherwise provided in sections 59-12-11 and 59-14-02, a person who under
this chapter may represent a settlor who lacks capacity may receive notice and give a
binding consent on the settlor's behalf.
4. A settlor may not represent and bind a beneficiary under this chapter with respect to
the termination or modification of a trust under subsection 1 of section 59-12-11.