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

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.

7. A person may represent and bind that person's unborn issue.