§ 36C-3-305. Appointment of representative; scope of representation. - North Carolina Statutes

§ 36C‑3‑305. Appointment of representative; scope of representation.

(a)        If the courtdetermines that an interest is not represented under this Article, or that theotherwise available representation might be inadequate, the court may appoint aguardian ad litem to receive notice, give consent, and otherwise represent,bind, and act on behalf of a minor, an incompetent or unborn individual, or aperson whose identity or location is unknown. A guardian ad litem may beappointed to represent several persons or interests.

(b)        Any representativeunder this Article may act on behalf of the individual represented with respectto any matter arising under this Chapter, whether or not a judicial proceedingconcerning the trust is pending.

(c)        In makingdecisions, a representative, including a guardian ad litem, may base a decisionto consent to an action upon a finding that living members of the individual'sfamily would generally benefit from that action. (2005‑192, s. 2; 2007‑106,s. 13.)