Under the MUTC, to the extent there is no conflict of interest, a conservator, guardian, parent or person with a substantially identical interest may represent and bind persons interested in a trust proceeding who lack legal capacity (i.e., minors, incapacitated or protected persons and persons unborn or unknown). A trustee may represent and bind the beneficiaries of the trust. A personal representative of a decedent’s estate may represent and bind persons interested in the estate. An agent, under a durable power of attorney, may bind the principal (whether or not the principal has capacity) if the agent has been given authority as to the particular question in the durable power of attorney. See MUTC at §§ 301-304 and “Notice under the MUTC”.
