RSA 564-F:14-1402 · Representatives

564-F:14-1402 Representatives. –

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(a)

Subject to subsections (b) and (c), the following shall apply:

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(1)

A conservator may represent and bind the conservatee.

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(2)

The following person may represent and bind an incompetent individual:

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(A)

A guardian of the incompetent individual's estate; or

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(B)

A guardian of the incompetent individual's person if a guardian of the incompetent individual's estate has not been appointed.

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(3)

An agent may represent and bind the principal to the extent that the agent has the power to represent and bind the principal in connection with the particular matter or dispute.

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(4)

A trustee of a trust may represent and bind the trust's beneficiaries.

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(5)

A personal representative of a decedent's estate may represent and bind the persons interested in the estate.

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(6)

An individual may represent and bind each of the individual's minor, incapacitated, or unborn children if the child is not represented by:

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(A)

A guardian of the estate under subsection (a)(2)(A); or

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(B)

A guardian of the person under subsection (a)(2)(B).

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(7)

An individual may represent and bind each of the individual's minor, incapacitated, or unborn descendants if the descendant is not represented by:

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(A)

The descendant's parent under subsection (a)(6);

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(B)

A guardian of the estate under subsection (a)(2)(A); or

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(C)

A guardian of the person under subsection (a)(2)(B).

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(8)

An individual who has a power of appointment may represent and bind each of the permissible appointees if the permissible appointees include the individual, the individual's creditors, the individual's estate, or the creditors of the individual's estate.

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(9)

A person may represent and bind any of the following persons if the representative and the represented persons have substantially identical interests with respect to the matter or dispute:

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(A)

A minor, incapacitated, or unborn individual; or

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(B)

A person whose identity or location is unknown and is not reasonably ascertainable.

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(10)

Subject to section (d), a person may represent and bind any of the following persons whom the person is appointed to represent in accordance with reasonable procedures under the governing documents:

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(A)

A minor, incapacitated, or unborn individual;

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(B)

A person whose identity or location is unknown and is not reasonably ascertainable; or

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(C)

A person whose interest is not adequately represented under this section.

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(11)

A person may represent and bind any of the following persons whom a court appoints the person to represent:

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(A)

A minor, incapacitated, or unborn individual;

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(B)

A person whose identity or location is unknown and is not reasonably ascertainable; or

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(C)

A person whose interest is not adequately represented under this section.

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(b)

A person may not represent another person to the extent that:

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(1)

There is any conflict of interest between them; or

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(2)

The represented person has objected to the representation.

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(c)

A founder shall not represent or bind a beneficiary in connection with any matter or dispute involving:

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(1)

A modification of the governing documents; or

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(2)

The foundation's dissolution.

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(d)

For purposes of subsection (a)(10), the procedure for the appointment of a representative is not reasonable if:

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(1)

There is a conflict of interest between the person appointing the representative and any interested person;

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(2)

There is a conflict of interest between the representative and any represented person; or

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(3)

With respect to any matter that is the subject of a dispute involving the foundation or its affairs, there is a conflict of interest among the persons whom the representative is appointed to represent.

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(e)

A person who may act as another person's representative under section (a) may represent and bind the represented person in connection with any matter, dispute, or judicial proceeding involving the foundation.

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(1)

Notice to a representative shall have the same effect as notice to each person whom the representative represents.

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(2)

A consent, release, ratification, or agreement by a representative shall have the same effect as a consent, release, ratification, or agreement by each person whom the representative represents. Source. 2017, 257:47, eff. Oct. 1, 2017. 2018, 210:11-13, eff. June 8, 2018.

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