(1) If the court determines that an interest is not represented under this part, 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 individual, or a person whose identity or location is unknown. If not precluded by a conflict of interest, a representative may be appointed to represent several persons or interests.
(2) 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.
(3) In making decisions, a representative may consider general benefits accruing to the living members of the represented individual’s family.
History.—s. 3, ch. 2006-217.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code
Part III - Representation (Ss. 736.0301-736.0306)
736.0301 - Representation; basic effect.
736.0302 - Representation by holder of power of appointment.
736.0303 - Representation by fiduciaries and parents.
736.0304 - Representation by person having substantially identical interest.