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 protected person whose estate the conservator controls;

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Terms Used In Utah Code 75-7-303

  • Decedent: A deceased person.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Person: means :Utah Code 68-3-12.5
  • Trustee: A person or institution holding and administering property in trust.
(2)  a guardian may represent and bind the ward if a conservator of the ward’s estate has not been appointed;

(3)  an agent having 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; and

(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.

Repealed and Re-enacted by Chapter 89, 2004 General Session

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