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Representation

NMSA 1978 ch. 46A, art. 3
in effect

NMSA 1978, § 46A-3-301 Representation; basic effect

46A-3-301. Representation; basic effect A. Notice to a person who may represent and bind another person pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 has the same effect as if notice were given directly to the other person. B. The consent of a person who may represent and bind another person pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. C. Except as otherwise provided in Sections 46A-4-411 and 46A-6-602 NMSA 1978, a person who pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 may represent a settlor who lacks capacity, may receive notice and give a binding consent on the settlor's behalf. D. A settlor may not represent or bind a beneficiary pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 with respect to the termination or modification of a trust under Subsection A of Section 46A-4-411 NMSA 1978. Laws 2003, ch. 122, § 3 -301; 2007, ch. 128, § 9.

NMSA 1978, § 46A-3-302 Representation by holder of general testamentary power of appointment

46A-3-302. 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. Laws 2003, ch. 122, § 3 -302.

NMSA 1978, § 46A-3-303 Representation by fiduciaries and parents

46A-3-303. 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: A. a conservator may represent and bind the estate that the conservator controls; B. a guardian may represent and bind the protected person if a conservator of the protected person's estate has not been appointed; C. an agent having authority to act with respect to the particular question or dispute may represent and bind the principal; D. a trustee may represent and bind the beneficiaries of the trust; E. a personal representative of a decedent's estate may represent and bind persons interested in the estate; and F. 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. Laws 2003, ch. 122, § 3 -303; 2009, ch. 159, § 42.

NMSA 1978, § 46A-3-304 Representation by person having substantially identical interest

46A-3-304. Representation by person having substantially identical interest Unless otherwise represented, a minor, incapacitated or unborn person, 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. Laws 2003, ch. 122, § 3 -304.

NMSA 1978, § 46A-3-305 Appointment of representative

46A-3-305. Appointment of representative 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. Laws 2003, ch. 122, § 3 -305.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18548/index.doFetched: 10/20/2026

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