Section 55-18-24 – Construction with chapter 29A-1.
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.
Section 55-18-25 – Liability of notifier.
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.
Section 55-18-26 – Liability of fiduciary.
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.
Section 55-19-1 – Definitions.
55-19-1. Definitions. Terms used in this chapter mean: (1)”Account,” any arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user; (2)”Agent,” any attorney-in-fact granted authority under a power of attorney pursuant to chapter 59-12 or nondurable […]
Section 55-18-18 – Compensation of 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.
Section 55-18-19 – Appointment of court representative.
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 […]
Section 55-18-8 – Notice to Department of Social Services.
55-18-8. Notice to Department of Social Services. The Department of Social Services shall be provided with notice in any proceeding in which an interested beneficiary of a trust may owe a debt to the department pursuant to §28-6-23. An interested beneficiary is not considered a person who may owe a debt to the department solely […]
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 […]