§ 305 — Appointment of representative

(a) If the court determines that representation of an incapacitated, unborn, or unascertainable beneficiary might otherwise be inadequate, the court may appoint a representative for any nonjudicial matter to receive any notice, information, accounting, or report on behalf of the beneficiary and to represent and bind the beneficiary, or may appoint a guardian ad litem in any judicial proceeding to represent the interests of, bind, and approve any order or agreement on behalf of the beneficiary. (b) A representative may act on behalf of the individual represented with respect to any matter arising under this Code, regardless of whether a judicial proceeding concerning the trust or estate is pending. (c) If not precluded by a conflict of interest with respect to the particular question or dispute, a representative or guardian ad litem may be appointed to represent several persons or interests. (d) In giving any consent or agreement, a representative or guardian ad litem may consider general family benefit accruing to the living members of the family of the person represented.

Legislative History

(Source: P.A. 101-48, eff. 1-1-20 .)