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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

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  456.3-301.  Representation, basic effect — prohibited, when. — 1.  Notice to a person who may represent and bind another person under sections 456.3-301 to 456.3-305 has the same effect as if notice were given directly to the other person.

  2.  The consent of a person who may represent and bind another person under sections 456.3-301 to 456.3-305 is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.  Except that, such consent is binding on the person represented regardless of whether the person represented objects under this subsection, if the person who may represent and bind is:

  (1)  The holder of a testamentary power of appointment described in section 456.3-302 and the interests of the person represented are subject to the power;

  (2)  The conservator, conservator ad litem, or guardian described in subdivision* (1), (2), or (3) of section 456.3-303 and the person represented is disabled; or

  (3)  A parent described in subdivision (4) of section 456.3-303 and the person represented is a minor or unborn child of the parent.

  3.  Except as otherwise provided in sections 456.4-411A and 456.6-602, a person who under sections 456.3-301 to 456.3-305 may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.

  4.  A settlor may not represent and bind a beneficiary under sections 456.3-301 to 456.3-305 with respect to the termination or modification of a trust under section 456.4-411A.

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(L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2011 S.B. 59)

*Word "subdivisions" appears in original rolls.


---- end of effective   28 Aug 2011 ----

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