Kentucky Statutes 386B.3-030 – Representation by fiduciaries and parents
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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;
(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; and
(7) A curator may represent and bind the estate or person that the curator controls.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 25, sec. 20, effective July 15, 2014.
(1) A conservator may represent and bind the estate that the conservator controls;
Terms Used In Kentucky Statutes 386B.3-030
- Conservator: means a person appointed by the court to administer the estate of a minor or adult individual. See Kentucky Statutes 386B.1-010
- 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 Kentucky Statutes 386B.1-010
- Person: means any individual or entity as defined in KRS §. See Kentucky Statutes 386B.1-010
- Trust: means an express trust established by a trust instrument, including a will, whereby a trustee has the duty to administer a trust asset for the benefit of a named or otherwise described income or principal beneficiary, or both. See Kentucky Statutes 386B.1-010
(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; and
(7) A curator may represent and bind the estate or person that the curator controls.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 25, sec. 20, effective July 15, 2014.