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

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.