Current through 2024, c. 127
Section 501C.0303 - REPRESENTATION BY FIDUCIARIES AND PARENTS(a) To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: (1) a conservator may represent and bind the estate that the conservator controls;(2) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;(3) a trustee may represent and bind the beneficiaries of the trust;(4) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and(5) a parent may represent and bind the parent's minor or unborn child if a conservator for the child has not been appointed.(b) If a disagreement arises between parents seeking to represent the same minor child: (1) the parent who is a beneficiary of the trust that is the subject of the representation is entitled to represent the minor child;(2) if both parents are beneficiaries of the trust that is the subject of the representation, the parent who is a lineal descendent of the settlor is entitled to represent the minor child;(3) if neither parent is a beneficiary of the trust that is the subject of the representation, the parent who is a lineal descendent of the settlor is entitled to represent the minor child; or(4) if neither parent is a beneficiary or a lineal descendent of the settlor of the trust that is the subject of the representation, a guardian ad litem must be appointed to represent the minor child.Added by 2015 Minn. Laws, ch. 5,s 3-3, eff. 1/1/2016.