Section 59-11-03 - (303) Representation by fiduciaries and parentsTo 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 to the extent of the powers and authority conferred upon conservators generally or by court order.2. A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed to the extent of the powers and authority conferred upon guardians generally or by court order.3. An agent under a power of attorney or having other written authority to act with respect to the particular question or dispute may represent and bind the principal.4. A trustee may represent and bind the beneficiaries of the trust.5. A personal representative of a decedent's estate may represent and bind persons interested in the estate.6. A parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed. If a disagreement arises between parents seeking to represent the same minor child: a. The parent who is a beneficiary of the trust that is the subject of the representation is entitled to represent the minor child;b. If both parents are beneficiaries of the trust that is the subject of the representation, the parent who is a lineal descendant of the settlor is entitled to represent the minor child;c. If neither parent is a beneficiary of the trust that is the subject of the representation, the parent who is a lineal descendant of the settlor is entitled to represent the minor child; andd. If neither parent is a beneficiary or a lineal descendant 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.7. A person may represent and bind that person's unborn issue.