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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

previous next Effective - 01 Jan 2005, see footnotebottom

  456.3-305.  Appointment of representative. — 1.  If the court determines that an interest is not represented under sections 456.3-301 to 456.3-305 or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown.  A representative may be appointed to represent several persons or interests.

  2.  A representative may act on behalf of the individual represented with respect to any matter arising under sections 456.1-101 to 456.11-1106, whether or not a judicial proceeding concerning the trust is pending.

  3.  In making decisions, a representative may consider general benefits accruing to the living members of the individual's family.

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(L. 2004 H.B. 1511)

Effective 1-01-05


---- end of effective   01 Jan 2005 ----

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