To the extent there is no material 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 or guardian may represent and bind the estate that the conservator or guardian controls;(2) A conservator or guardian may represent and bind the ward if a conservator or guardian 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 parent may represent and bind the person's minor or unborn child if a conservator or guardian for the descendant has not been appointed;(7) A grandparent may represent the grandparent's grandchild if that grandchild is not already represented by a parent under paragraph (6);(8) A person designated by the settlor either in the trust instrument or in a writing delivered to the trustee, or designated in a writing delivered to the trustee by a trust rent under paragraph (6);(8) A person designated by the settlor either in the trust instrument or in a writing delivered to the trustee, or designated in a writing delivered to the trustee by a trust protector or trust advisor with power under the terms of the trust instrument to represent the beneficiaries of the trust, may represent and bind the beneficiaries; and(9) Any person acting in a fiduciary capacity shall exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Acts created under Chapter 23, Title 91.Amended by Laws, 2017, ch. 419, HB 849, 21, eff. 7/1/2017.Amended by Laws, 2016, ch. 396, SB 2211, 3, eff. 7/1/2014.Added by Laws, 2014, ch. 421, SB 2727, 20, eff. 7/1/2014.
Mississippi Legal Code