A. If the court determines that an interest is not represented under this article, 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, incapacitated or unborn person, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.
B. A representative may act on behalf of the person represented with respect to any matter arising under the Uniform Trust Code [46A-1-101 to 46A-11-1104 NMSA 1978], whether or not a judicial proceeding concerning the trust is pending.
C. In making decisions, a representative may consider the general benefit accruing to the living members of the person's family.
History: Laws 2003, ch. 122, § 3-305.
Effective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
Structure 2021 New Mexico Statutes
Chapter 46A - Uniform Trust Code
Section 46A-3-301 - Representation; basic effect.
Section 46A-3-302 - Representation by holder of general testamentary power of appointment.
Section 46A-3-303 - Representation by fiduciaries and parents.
Section 46A-3-304 - Representation by person having substantially identical interest.