Sec. 303. Representation by others.

321 words·~1 min read·/il/chapter-760/act-3/303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If all qualified beneficiaries of a trust either have legal capacity or have representatives under this Article who have legal capacity, an action taken by all qualified beneficiaries, in each case either by the beneficiary or by the beneficiary's representative, shall represent and bind all other beneficiaries who have a successor, contingent, future, or other interest in the trust.

(b)If a person is represented by a court-appointed guardian of the estate or, if none, guardian of the person, then the guardian may represent and bind the person.

(c)If an individual is incapacitated, an agent under a power of attorney for property who has authority to act with respect to the particular question or dispute and who does not have a material conflict of interest with respect to the particular question or dispute may represent and bind the principal. An agent is deemed to have authority under this subsection if the power of attorney grants the agent the power to settle claims and to exercise powers with respect to trusts and estates, even if the powers do not include powers to make a will, to revoke or amend a trust, or to require the trustee to pay income or principal.

(d)If a person is incapacitated, a parent of the person may represent and bind the person if there is no material conflict of interest between the represented person and either of the person's parents with respect to the particular question or dispute. If a disagreement arises between parents who otherwise qualify to represent a child in accordance with this subsection and who are seeking to represent the same child, the parent who is a lineal descendant of the settlor of the trust that is the subject of the representation is entitled to represent the child; or if none, the parent who is a beneficiary of the trust is entitled to represent the child.