\nTo the extent that 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 involving a trust:\n(1) A general guardian or a guardian of the estate may represent and bind the estate that the guardian controls.\n(2) Repealed by Session Laws 2007-106, s. 11, effective October 1, 2007.\n(3) An agent under a power of attorney having authority to act with respect to the particular question or dispute may represent and bind the principal.\n(4) A trustee may represent and bind the beneficiaries of the trust unless the question or dispute involves the internal affairs of the trust.\n(5) A personal representative of a decedent's estate may represent and bind persons interested in the estate.\n(6) A parent may represent and bind the parent's minor child if a general guardian or guardian of the estate for the child has not been appointed. If a disagreement arises between parents seeking to represent the same minor child, the parent who is a beneficiary of the trust that is the subject of the representation is d has not been appointed. If a disagreement arises between parents seeking to represent the same minor child, the parent who is a beneficiary of the trust that is the subject of the representation is entitled to represent the minor child or, if no parent is a beneficiary of the trust that is the subject of the representation, a parent who is a lineal descendant of the settlor is entitled to represent the minor child, or if no parent is a lineal descendant of the settlor, a guardian ad litem shall be appointed to represent the minor child.\n(7) A person may represent and bind that person's unborn issue. (2005-192, s. 2; 2007-106, s. 11.)
North Carolina Legal Code