USA Statutes : maine
Title : Title 18-B. TRUSTS (HEADING. PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05)
Chapter : Chapter 03. REPRESENTATION (HEADING. PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05)
Title 18-B - §301. Representation; basic effect
Title 18-B: TRUSTS (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Part 1: MAINE UNIFORM TRUST CODE (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Chapter 3: REPRESENTATION (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
§301. Representation; basic effect
1. Notice. Notice to a person who may represent and bind another person under this chapter has the same effect as if notice were given
directly to the other person.
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
2. Consent. The consent of a person who may represent and bind another person under this chapter is binding on the person represented
unless the person represented objects to the representation before the consent would otherwise have become effective.
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
3. Notice and consent on settlor's behalf. Except as otherwise provided in sections 411 and 602, a person who under this chapter may represent a settlor who lacks
capacity may receive notice and give a binding consent on the settlor's behalf.
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
4. Limitation on representation by settlor. A settlor may not represent and bind a beneficiary under this chapter with respect to termination or modification of a trust
under section 411, subsection 1.
[2005, c. 184, §8 (new).]
Section History:
PL 2003,
Ch. 618,
§A1
(NEW).
PL 2003,
Ch. 618,
§A2
(AFF).
PL 2005,
Ch. 184,
§8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-B - §302. Representation by holder of general testamentary power of appointment
Title 18-B: TRUSTS (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Part 1: MAINE UNIFORM TRUST CODE (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Chapter 3: REPRESENTATION (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
§302. Representation by holder of general testamentary power of appointment
To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons
represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests,
as permissible appointees, takers in default or otherwise, are subject to the power.
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
Section History:
PL 2003,
Ch. 618,
§A1
(NEW).
PL 2003,
Ch. 618,
§A2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-B - §303. Representation by fiduciaries and parents
Title 18-B: TRUSTS (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Part 1: MAINE UNIFORM TRUST CODE (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Chapter 3: REPRESENTATION (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
§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:
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
1. Conservator. A conservator may represent and bind the estate that the conservator controls;
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
2. Guardian. A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed;
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
3. Agent. An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
4. Trustee. A trustee may represent and bind the beneficiaries of the trust;
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
5. Personal representative. A personal representative of a decedent's estate may represent and bind persons interested in the estate; and
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
6. Parent. 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.
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
Section History:
PL 2003,
Ch. 618,
§A1
(NEW).
PL 2003,
Ch. 618,
§A2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-B - §304. Representation by person having substantially identical interest
Title 18-B: TRUSTS (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Part 1: MAINE UNIFORM TRUST CODE (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Chapter 3: REPRESENTATION (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
§304. Representation by person having substantially identical interest
Unless otherwise represented, a minor, an incapacitated or unborn individual or a person whose identity or location is unknown
and not reasonably ascertainable may be represented by and bound by another having a substantially identical interest with
respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative
and the person represented.
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
Section History:
PL 2003,
Ch. 618,
§A1
(NEW).
PL 2003,
Ch. 618,
§A2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-B - §305. Appointment of representative
Title 18-B: TRUSTS (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Part 1: MAINE UNIFORM TRUST CODE (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
Chapter 3: REPRESENTATION (HEADING: PL 2003, c. 618, Pt. A, @1 (new); @2 (aff) Effective 7105)
§305. Appointment of representative
1. Interest not represented; representation inadequate. If the court determines 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, an incapacitated or unborn individual or a person whose identity or location is unknown. A
representative may be appointed to represent several persons or interests.
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
2. Scope of representation. A representative may act on behalf of the individual represented with respect to any matter arising under this Code, whether
or not a judicial proceeding concerning the trust is pending.
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
3. Consider general benefit. In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.
[2003, c. 618, Pt. A, §1 (new); §2 (aff).]
Section History:
PL 2003,
Ch. 618,
§A1
(NEW).
PL 2003,
Ch. 618,
§A2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 
