456.3-305. Appointment of representative.

Appointment of representative.

456.3-305. 1. If the court determines that an interest is notrepresented under sections 456.3-301 to 456.3-305 or that the otherwiseavailable representation might be inadequate, the court may appoint arepresentative to receive notice, give consent, and otherwise represent,bind, and act on behalf of a minor, incapacitated, or unborn individual, ora person whose identity or location is unknown. A representative may beappointed to represent several persons or interests.

2. A representative may act on behalf of the individual representedwith 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 generalbenefits accruing to the living members of the individual's family.

(L. 2004 H.B. 1511)

Effective 1-01-05