55-18-1. Definitions. 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 […]
55-18-10. Disclosure of information regarding representatives. In a judicial proceeding, the petitioner shall set forth information with respect to each representative, each person the representative represents, and the authority by which each representative acts under this chapter. In a nonjudicial proceeding, the notifier shall set forth information with respect to each representative, each person the […]
55-18-11. Refusal to act as representative. Any representative may decline to act as a representative as to the matter in question by timely expressing the representative’s refusal to the notifier. A notifier may specify a time of not less than three days in which the representative may decline to act as a representative. The governing […]
55-18-12. Petition for advance approval of action. A representative may petition the court for an order approving the representative’s actions prior to or in advance of the representative’s action, upon such notice as the court may order. Source: SL 2017, ch 208, §12.
55-18-13. Representative with conflict of interest. A representative with a conflict of interest with respect to the matter in question may bind the person that the representative represents notwithstanding any cause of action that the represented person may have against a representative who acts knowingly. Source: SL 2017, ch 208, §13.
55-18-14. Disclosure of conflict of interest by representative. If a representative knows that the representative has a conflict of interest with respect to the matter in question, the representative shall timely disclose the nature of the conflict of interest: (1)In a judicial proceeding to the interested parties and the court; or (2)Otherwise to the notifier […]
55-18-15. Disclosure of conflict of interest by notifier. Unless notice of a conflict of interest has been carried out pursuant to §55-18-14, if the notifier knows that a representative has a conflict of interest with respect to the matter in question, the notifier shall timely disclose the nature of the conflict of interest: (1)In a […]
55-18-16. Findings regarding conflict of interest in judicial and nonjudicial proceedings–Immunity of representative from liability. In a judicial proceeding, if the court has been notified of a representative’s conflict of interest or potential conflict of interest, the court may find that the representative conflict of interest or potential conflict of interest is immaterial in view […]
55-18-17. Discretion of representative–Fiduciary status. A representative may make a decision with broad discretion and no representative is liable for an action or omission unless the representative: (1)Acts dishonestly; (2)Acts with an improper motive; or (3)Fails, if under a duty to do so, to act. A representative may represent any number of persons. A representative […]
55-18-18. Compensation of representative. A representative is entitled to reasonable compensation as determined by the trustee except as otherwise provided in the governing instrument. Source: SL 2017, ch 208, §18.
55-18-19. Appointment of court representative. In a judicial proceeding, if the court determines that a person cannot be adequately represented by a representative, the court may order that the person be provided notice or may order the appointment of a court representative or a replacement court representative to bind the person. The basis for a […]
55-18-2. Application of chapter to proceedings involving persons interested in trust. Notwithstanding the provisions of §15-6-17(c), the provisions of this chapter apply to any proceeding involving any person interested in a trust. Source: SL 2017, ch 208, §1.
55-18-20. Limitations on representation of settlor–Limitations on settlor’s authority to bind beneficiary. A settlor may be represented by a representative in amending, terminating, or revoking an inter vivos revocable trust only when the representative is: (1)An agent under a written power of attorney when the settlor is incapacitated or not reasonably available and to the […]
55-18-21. Limitations on trustee’s authority to bind beneficiary. Without diminishing the powers of a trustee over the affairs of the trust or trust property, a trustee may not bind a beneficiary of the trustee’s trust except as provided in subdivisions 55-18-9(5), (9), (11), and (16). Source: SL 2017, ch 208, §21; SL 2019, ch 209, […]
55-18-22. Unauthorized practice of law not permitted. Nothing in this chapter, permits the unauthorized practice of law or diminishes the provisions of §16-16-19. Source: SL 2017, ch 208, §22.
55-18-23. Provisions of governing instrument. A governing instrument may require additional notification or consent than otherwise required by law. Unless expressly authorized by the governing instrument, a person designated by a governing instrument to represent another person or class of persons may not represent such person or class of persons while that designee is serving […]
55-18-24. Construction with chapter 29A-1. With regard to a testamentary trust proceeding governed by title 29A, in the event of any conflict between this chapter, and chapter 29A-1, the provisions of this chapter, shall prevail. Source: SL 2017, ch 208, §24.
55-18-25. Liability of notifier. No notifier is liable for undertaking any additional notification or seeking additional consent than required by law or the governing instrument. Source: SL 2017, ch 208, §25.
55-18-26. Liability of fiduciary. No fiduciary is liable for reliance on the outcome or resolution of any proceeding conducted under this chapter, unless the fiduciary knowingly disregarded the lack of a representative’s authority to act with regard to the matter in question. Source: SL 2017, ch 208, §26.
55-18-3. Effect of provisions of chapter. In any proceeding: (1)Any notice, governing instrument, accounting, report, or other information which is provided to a representative has the same effect as if the same was given to the person represented; (2)The consent of a representative has the same effect as if the person represented had consented; (3)A […]
