To the extent there is no 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 may represent and bind the estate that the conservator controls;
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Terms Used In Hawaii Revised Statutes 554D-303

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means a person who:

    (1) Has a present or future beneficial interest in a trust, vested or contingent; or
    (2) In a capacity other than that of trustee, holds a power of appointment over trust property. See Hawaii Revised Statutes 554D-103
  • Conservator: means a person appointed by the court to administer the estate of a minor or adult individual. See Hawaii Revised Statutes 554D-103
  • Decedent: A deceased person.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by the court, a parent, or a spouse to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. See Hawaii Revised Statutes 554D-103
  • Lineal descendant: Direct descendant of the same ancestors.
  • 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 Hawaii Revised Statutes 554D-103
  • Qualified beneficiary: means a beneficiary who, on the date the beneficiary's qualification is determined:

    (1) Is a distributee or permissible distributee of trust income or principal;
    (2) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (1) terminated on that date without causing the trust to terminate; or
    (3) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. See Hawaii Revised Statutes 554D-103
  • Settlor: means a person, including a testator, who creates, or contributes property to, a trust. See Hawaii Revised Statutes 554D-103
(2) A guardian may represent and bind the ward if a conservator 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 parent’s minor or unborn child if a conservator or guardian for the child has not been appointed. The parent entitled to represent and bind the child is determined in the following order of priority:

(A) The parent who is a lineal descendant of a settlor;
(B) The parent who is a beneficiary of the trust that is the subject of the representation;
(C) The parent with legal custody of the child; and
(D) If one parent cannot be determined pursuant to the preceding criteria and if a disagreement arises between the parties seeking to represent the same child, a guardian ad litem shall be appointed to represent the minor child; and
(7) A qualified beneficiary may represent and bind any beneficiary who may succeed to the qualified beneficiary‘s interest under the terms of the trust or pursuant to the exercise of a power of appointment.

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