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Home » US Law » 2022 South Dakota Codified Laws » Title 55 - Fiduciaries and Trusts » Chapter 18 - Virtual Representation » Section 55-18-4 – Conditions under which representative may not bind person represented.

55-18-4. Conditions under which representative may not bind person represented.

Notwithstanding the provisions of §55-18-3, no representative may bind the person represented if, prior to the representative binding the person in the matter in question:

(1)The court finds that the person cannot be adequately represented pursuant to §55-18-19;

(2)The representative refuses to act pursuant to §55-18-11;

(3)The representative has been removed by a person with power to remove the representative; or

(4)The represented person notifies:

(a)The trustee;

(b)The notifier; and

(c)The representative, that the represented person will not be bound by the representative.

Source: SL 2017, ch 208, §4.