{"data":{"id":"us-mt/72-38-303","jurisdiction":"us-mt","citation":"72-38-303","heading":"Representation by fiduciaries and parents.","body":"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:\n(1) a conservator may represent and bind the estate that the conservator controls;\n(2) a guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed;\n(3) an agent 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;\n(5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and\n(6) a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed. The parent entitled to represent and bind the child is determined in the following order of priority:\n(a) the parent who is a lineal descendant of a settlor;\n(b) the parent who is a beneficiary of the trust that is the subject of the representation;\n(c) the parent with legal custody of the child; and\n(d) if one parent cannot be determined pursuant to the preceding criteria and if a disagreement arises between the parents seeking to represent the same child, a guardian ad litem must be appointed to represent the minor child.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 38. MONTANA UNIFORM TRUST CODE","Part 3. Representation"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0380/part_0030/section_0030/0720-0380-0030-0030.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:33Z","sha256":"66c5a4d6f17ac6957fac62b4f75b71454fa2a0e4fb49e727de3323c7a78ea06c","source_id":"us-mt","stale":false,"prev":"us-mt/72-38-302","next":"us-mt/72-38-304"},"notice":"GroundRules: Original legal text. Not legal advice."}