Section 55-18-9 – Persons who may bind others.
55-18-9. Persons who may bind others. Persons who may bind others are as follows: (1)Except as provided in subdivision 55-18-20(2), a conservator may bind a minor or protected person; (2)A guardian may bind the minor or protected person if no conservator of the minor or protected person has been appointed; (3)A parent may bind the […]
Section 55-18-10 – Disclosure of information regarding representatives.
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 […]
Section 55-18-11 – Refusal to act as representative.
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 […]
Section 55-18-12 – Petition for advance approval of action.
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.
Section 55-18-13 – Representative with conflict of interest.
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.
Section 55-18-14 – Disclosure of conflict of interest by representative.
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 […]
Section 55-18-15 – Disclosure of conflict of interest by 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 […]
Section 55-18-16 – Findings regarding conflict of interest in judicial and nonjudicial proceedings–Immunity of representative from liability.
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 […]
Section 55-18-17 – Discretion of representative–Fiduciary status.
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 […]
Section 55-18-3 – Effect of provisions of chapter.
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 […]