Persons who represent interests of and bind other persons
Sec. 10.5. (a) Except as provided in the terms of a trust, and to the
extent there is not a conflict of interest between the representative
and the person represented or among those being represented:
(1) a guardian may represent and bind the protected person who
is subject to the guardianship;
(2) an attorney in fact who has authority to act with respect to
the particular question or dispute may represent and bind the
principal;
(3) a trustee may represent and bind the beneficiaries of the
trust;
(4) a personal representative of a decedent's estate may
represent and bind persons interested in the estate; and
(5) a parent may represent and bind the parent's minor, unborn,
or not yet adopted child if a guardian for the child has not been
appointed;
with regard to a particular question or dispute.
(b) The holder of a general power of appointment, including a
general testamentary power of appointment, may represent and bind
persons whose interests are subject to the power of appointment,
including:
(1) permissible appointees; and
(2) takers in default.
(c) Unless otherwise represented:
(1) a minor;
(2) an incapacitated person;
(3) an unborn or a not yet adopted child; or
(4) a person whose identity or location is unknown and not
reasonably ascertainable;
may be represented by and bound by another person who has a
substantially identical interest with respect to the particular question
or dispute but only to the extent there is not a conflict of interest
between the representative and the person represented.
(d) If the court determines that an interest is not represented under
this section or that the otherwise available representation might be
inadequate, the court may appoint a guardian ad litem to receive
notice, give consent, and otherwise represent, bind, and act on behalf
of:
(1) a minor;
(2) an incapacitated person;
(3) an unborn child; or
(4) a person whose identity or location is unknown.
If not precluded by conflict of interest, a guardian ad litem may be
appointed to represent several persons or interests. A guardian ad
litem may act on behalf of the person represented with respect to any
matter arising under this title, regardless of whether a judicial
proceeding concerning the trust is pending. In making decisions, a
guardian ad litem may consider general benefits accruing to the
living members of the family of the persons represented.
(e) Notice to a person who may represent and bind another person
under this section has the same effect as if notice were given directly
to the other person.
(f) The consent of a person who may represent and bind another
person under this section is binding on the person represented unless
the person represented objects to the representation before the
consent would have become effective.
As added by P.L.238-2005, SEC.45.
Last modified: May 27, 2006