Conditions under which representative may not bind person represented

Notwithstanding the provisions of § 55-18-3 , no representative may bind the person represented if, prior to the representative binding the person in the matter in question: (1) The court finds that the person cannot be adequately represented pursuant to § 55-18-19 ; (2) The representative refuses to act pursuant to § 55-18-11 ; (3) The representative has been removed by a person with power to remove the representative; or (4) The represented person notifies: (a) The trustee; (b) The notifier; and (c) The representative, that the represented person will not be bound by the representative. Source: SL 2017, ch 208 , § 4.