North Dakota § 59-11-05 (305) Appointment of representative

North Dakota Statutes

§ 59-11-05 — (305) Appointment of representative

North Dakota § 59-11-05

Title 59Trusts, Uses, and Powers

Ch. 59-11Representation

This text of North Dakota § 59-11-05 ((305) Appointment of representative) 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 § 59-11-05 (2026).

Text

1.If the court determines that an interest is not represented under this chapter, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable. A representative may be appointed to represent several persons or interests.

2.A representative may act on behalf of the individual represented with respect to any matter arising under chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19, whether or not a judicial proceeding concerning the trust is pending.

3.In making decisions, a representative may consi

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1. If the court determines that an interest is not represented under this chapter, or that
the otherwise available representation might be inadequate, the court may appoint a
representative to receive notice, give consent, and otherwise represent, bind, and act
on behalf of a minor, incapacitated or unborn individual, or a person whose identity or
location is unknown and not reasonably ascertainable. A representative may be
appointed to represent several persons or interests.
2. A representative may act on behalf of the individual represented with respect to any
matter arising under chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16,
59-17, 59-18, and 59-19, whether or not a judicial proceeding concerning the trust is
pending.
3. In making decisions, a representative may consider general benefit accruing to the
living members of the individual's family.