Appointment of representative

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(a) If the court determines that an interest is not represented under this subchapter, 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.

(b) A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.

(c) In making decisions, a representative may consider general benefit accruing to the living members of the individual’s family.

(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)

Editor's Notes

Uniform Law: This section is based upon § 305 of the Uniform Trust Code.


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