Terms used in this chapter mean:
(1)"Bind" or "bound," to consent, receive notice or service of process, approve, agree, object, resist, waive, or demand for or as a person with the same binding and conclusive effect as if the person represented had;
(2)"Conflict of interest," a situation in which a representative's interest in the trust causes a significant likelihood that a reasonable person would disregard a representative's duty to a represented beneficiary. A conflict of interest, however, excludes:
(a)Any adversity, conflict or opposed interests substantially unrelated to the representative's interest in the trust;
(b)Any past situation which is not likely to re-occur; and (c) Any conflict of interest which falls short of a material conflict of interest;
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Terms used in this chapter mean: (1) "Bind" or "bound," to consent, receive notice or service of process, approve, agree, object, resist, waive, or demand for or as a person with the same binding and conclusive effect as if the person represented had; (2) "Conflict of interest," a situation in which a representative's interest in the trust causes a significant likelihood that a reasonable person would disregard a representative's duty to a represented beneficiary. A conflict of interest, however, excludes: (a) Any adversity, conflict or opposed interests substantially unrelated to the representative's interest in the trust; (b) Any past situation which is not likely to re-occur; and (c) Any conflict of interest which falls short of a material conflict of interest; (3) "Co-representative," more than one simultaneously acting representative of the same class pursuant to § 55-18-9 , as when co-guardians are acting: (4) "Conservator," a person appointed pursuant to chapter 29A-5 or equivalent provisions of another jurisdiction's laws including a temporary conservator, a guardian ad litem, and a limited conservator; (5) "Fiduciary," a person defined by subdivision 21-22-1 (3), except as used in § 55-18-17 ; (6) "Guardian," a person appointed pursuant to chapter 29A-5 or equivalent provisions of another jurisdiction's laws including a temporary guardian and a limited guardian; (7) "Incapacitated" or "incapacity," lacking the capacity to meaningfully understand the matter in question because of a mental or physical impairment; (8) "Interest," a beneficial interest as defined by subdivision 55-1-24 (1) but including the holder of a power of appointment, and any power to remove or replace a fiduciary or a representative; (9) "Interested beneficiary," a person who, on the date the person's qualification is determined: (a) Is a current distributee or permissible distributee of trust income or principal; (b) Would be a distributee or permissible distributee of trust income or principal if the interests of the current distributees terminated on that date; (c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date; (d) Holds a power of appointment; or (e) Would hold a power of appointment if the interests of the current distributees terminated on that date or the interests of the persons currently holding a power of appointment under this subdivision terminated on that date; (10) "Knows" or "knowingly," actual knowledge of the fact in question; (11) "Minor," any person who has not attained the age of eighteen. The term includes a minor with an incapacity; (12) "Nonjudicial settlement," an agreement, release, or other action whether or not approved by a court, which may include, without limitation: (a) The interpretation or construction of the terms of a trust; (b) The approval of any fiduciary's report or accounting; (c) Direction to any fiduciary to refrain from performing a particular act or the grant to a fiduciary of any necessary or desirable power; (d) The resignation or appointment of any fiduciary; (e) The determination of a fiduciary or a representative's compensation; (f) The transfer of a trust's principal place of administration or situs; (g) The liability of any fiduciary's action or omission relating to a trust; (h) Partial or final settlement agreements regarding a trust or its administration; or (i) The modification, amendment, reformation, or termination of a trust; (13) "Notice" or "notifies," notice provided in accordance with § 55-2-24 ; (14) "Notifier," a person who is undertaking notice or proposing consent with regard to a matter concerning a trust; (15) "Power of appointment," a power defined by § 55-1-12 ; (16) "Proceeding," any judicial or nonjudicial trust proceeding, accounting, termination, modification, reformation, decanting, settlement, nonjudicial settlement, and any proceeding conducted pursuant to chapter 21-22 or title 29A which concerns a trust; (17) "Protected person," a person other than a minor for whom a guardian or conservator is appointed; (18) "Reasonably available," with respect to a person, that the person can be identified and located with the exercise of reasonable diligence; (19) "Representative," a person who may bind another person pursuant to § 55-18-9 ; (20) "Trust," an express inter vivos or testamentary trust; and (21) "Uninterested beneficiary," a beneficiary other than an interested beneficiary.