Missouri Laws 456.3-303 – Representation by fiduciaries and parents
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;
Terms Used In Missouri Laws 456.3-303
- 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: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Trustee: A person or institution holding and administering property in trust.
- Ward: if used in a section in a context relating to the property rights and obligations of a person, means a protectee as defined in chapter 475. See Missouri Laws 1.020
(2) a conservator ad litem may represent and bind the ward with respect to a particular question or dispute over which a conservator does not have authority;
(3) a guardian may represent and bind the ward with respect to a particular question or dispute if a conservator or conservator ad litem is not authorized to act with respect to that particular question or dispute;
(4) a parent may represent and bind the parent’s minor or unborn child if a conservator, conservator ad litem, or guardian for the child has not been appointed;
(5) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(6) a trustee may represent and bind the beneficiaries of the trust; and
(7) a personal representative of a decedent‘s estate may represent and bind persons interested in the estate.