[ §554D-303] Representation by fiduciaries and parents.
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/hi/554d-303A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[ §554D-303] Representation by fiduciaries and parents. 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:
(1)A conservator may represent and bind the estate that the conservator controls;
(2)A guardian may represent and bind the ward if a conservator 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 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:
(A)The parent who is a lineal descendant of a settlor;
(B)The parent who is a beneficiary of the trust that is the subject of the representation;
(C)The parent with legal custody of the child; and
(D)If one parent cannot be determined pursuant to the preceding criteria and if a disagreement arises between the parties seeking to represent the same child, a guardian ad litem shall be appointed to represent the minor child; and
(7)A qualified beneficiary may represent and bind any beneficiary who may succeed to the qualified beneficiary's interest under the terms of the trust or pursuant to the exercise of a power of appointment. [L 2021, c 32, pt of §2]