Scope of representative's authority and duty of certain representatives definitions.

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(1) As used in this section, unless the context otherwise requires, "representative" means a representative acting pursuant to section 15-5-302, 15-5-303, 15-5-304, or 15-5-305.

  1. A representative may receive notice, give consent, and otherwise represent, bind, andact on behalf of the individual represented with respect to any matter arising pursuant to this article 5, regardless of whether a judicial proceeding concerning the trust is pending.

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

  3. A representative acting pursuant to section 15-5-303 (1)(f) or section 15-5-305 shallact in good faith on behalf of the person represented. As used in this subsection (4), with respect to representatives acting pursuant to sections 15-5-303 (1)(f) and 15-5-305 only, "good faith" means honesty in fact.

Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1158, § 1, effective January 1, 2019.


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