West Virginia Statutes
§ 44D-3-305 — Appointment of representative
(a)If the court determines in a judicial proceeding that an interest is not represented under this chapter, 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.
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Legislative History
2011 Reg. Sess., HB2551
Nearby Sections
15
§ 44D-1-101
Short title§ 44D-1-102
Scope§ 44D-1-103
Definitions§ 44D-1-104
Knowledge§ 44D-1-105
Default and mandatory rules§ 44D-1-106
Common law of trusts; principles of equity§ 44D-1-107
Governing law§ 44D-1-108
Principal place of administration§ 44D-1-109
Methods and waiver of notice§ 44D-1-110
Others treated as qualified beneficiaries§ 44D-1-111
Nonjudicial settlement agreements§ 44D-1-112
Rules of construction§ 44D-1-113
Insurable interest of trustee§ 44D-10-1001
Remedies for breach of trust§ 44D-10-1002
Damages for breach of trust