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NEW HAMPSHIRE STATUTES AND CODES

Section 564-B:3-303 Representation by Fiduciaries and Parents.

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) a guardian of the estate may represent and bind the estate that the guardian of the estate controls;
         (3) a guardian of the person may represent and bind the ward if a guardian of the ward's estate has not been appointed;
         (4) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
         (5) a trustee may represent and bind the beneficiaries of the trust except as to matters relating to the administration or distribution of the trust;
         (6) a personal representative of a decedent's estate may represent and bind persons interested in the estate except as to matters relating to the administration or distribution of the estate; and
         (7) a parent may represent and bind (i) the parent's minor, incapacitated or unborn child if neither a guardian of the estate nor guardian of the person for the child has been appointed and (ii) a minor, incapacitated or unborn descendent of such child if neither a guardian of the estate of the descendent nor a guardian of the person of the descendent has been appointed.

Source. 2004, 130:1. 2005, 270:7, eff. Sept. 20, 2005. 2008, 374:7, eff. Sept. 9, 2008.

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