North Dakota § 59-11-03 (303) Representation by fiduciaries and parents

North Dakota Statutes

§ 59-11-03 — (303) Representation by fiduciaries and parents

North Dakota § 59-11-03

Title 59Trusts, Uses, and Powers

Ch. 59-11Representation

This text of North Dakota § 59-11-03 ((303) Representation by fiduciaries and parents) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 59-11-03 (2026).

Text

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 to the extent of the powers and authority conferred upon conservators generally or by court order.

2.A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed to the extent of the powers and authority conferred upon guardians generally or by court order.

3.An agent under a power of attorney or having other written authority to act with respect to the particular question or dispute may represent and bind the principal.

4.A trustee may represent and bind the beneficiaries of the trus

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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 to the
extent of the powers and authority conferred upon conservators generally or by court
order.
2. A guardian may represent and bind the ward if a conservator of the ward's estate has
not been appointed to the extent of the powers and authority conferred upon guardians
generally or by court order.
3. An agent under a power of attorney or having other written authority to act with respect
to the particular question or dispute may represent 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 persons
interested in the estate.
6. A parent may represent and bind the parent's minor or unborn child if a conservator or
guardian for the child has not been appointed. If a disagreement arises between
parents seeking to represent the same minor child:
a. The parent who is a beneficiary of the trust that is the subject of the
representation is entitled to represent the minor child;
b. If both parents are beneficiaries of the trust that is the subject of the
representation, the parent who is a lineal descendant of the settlor is entitled to
represent the minor child;
c. If neither parent is a beneficiary of the trust that is the subject of the
representation, the parent who is a lineal descendant of the settlor is entitled to
represent the minor child; and
d. If neither parent is a beneficiary or a lineal descendant of the settlor of the trust
that is the subject of the representation, a guardian ad litem must be appointed to
represent the minor child.