Arizona Laws 14-10302. Appointment of representative
A. If the court determines that a beneficiary‘s 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 person, unborn child or person whose identity or location is unknown. The court may appoint a representative for several persons or interests.
Terms Used In Arizona Laws 14-10302
- Child: includes a person who is entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. See Arizona Laws 14-1201
- Court: means the superior court. See Arizona Laws 14-1201
- Incapacitated person: means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. See Arizona Laws 14-5101
- Minor: means a person who is under eighteen years of age. See Arizona Laws 14-1201
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity. See Arizona Laws 14-10103
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
- Trust: includes an express trust, private or charitable, with any additions, wherever and however created. See Arizona Laws 14-1201
B. A representative appointed under this section may act on behalf of the person represented with respect to any matter arising under this title, 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 family of the person represented.
D. The court’s authority to appoint a representative under this section is in addition to its authority to appoint a guardian ad litem under section 14-1408.