35-15-303 - Representation by fiduciaries and parents. - Tennessee Statutes

35-15-303. 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 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;

     (6)  A person may represent and bind the person's minor or unborn descendant if a guardian for the descendant has not been appointed;

     (7)  A person designated by the settlor in the trust instrument or in a writing delivered to the trustee to represent the beneficiaries of the trust may represent and bind such beneficiaries; and

     (8)  A person designated by the beneficiaries of the trust to represent them may represent and bind such beneficiaries.

[Acts 2004, ch. 537, § 20; 2007, ch. 24, §§ 11, 12.]