Representation by fiduciaries and parents

  1. Law
  2. Mississippi Code
  3. Trusts and Estates
  4. Mississippi Uniform Trust Code
  5. Representation
  6. Representation by fiduciaries and parents

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To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

  1. A conservator or guardian may represent and bind the estate that the conservator or guardian controls;
  2. A conservator or guardian may represent and bind the ward if a conservator or guardian of the ward's estate has not been appointed;
  3. An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
  4. A trustee may represent and bind the beneficiaries of the trust;
  5. A personal representative of a decedent's estate may represent and bind persons interested in the estate;
  6. A parent may represent and bind the person's minor or unborn child if a conservator or guardian for the descendant has not been appointed;
  7. A grandparent may represent the grandparent's grandchild if that grandchild is not already represented by a parent under paragraph (6);
  8. A person designated by the settlor either in the trust instrument or in a writing delivered to the trustee, or designated in a writing delivered to the trustee by a trust protector or trust advisor with power under the terms of the trust instrument to represent the beneficiaries of the trust, may represent and bind the beneficiaries; and
  9. Any person acting in a fiduciary capacity shall exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Acts created under Chapter 23, Title 91.


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