Representation

KRS tit. XXXIII, ch. 386B, subch. 3

in effect

KRS 386B.3-010 Representations -- Basic effect

386B.3-010. Representations -- Basic effect (1) Notice to a person who may represent and bind another person under this subchapter has the same effect as if notice were given directly to the other person. (2) The consent of a person who may represent and bind another person under this subchapter is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. (3) Except as otherwise provided under KRS 386B.4 -110 and 386B.6-020, a person who under this subchapter may represent a settlor who lacks capacity, may receive notice and give a binding consent on the settlor's behalf. (4) A settlor may not represent and bind a beneficiary under this subchapter with respect to the termination or modification of a trust under KR S 386B.4-110(1). (5) Provisions of this subchapter shall also be applicable to KRS 386B.13 -010 to 386B.13-280 regarding a trustee's power to appoint principal and income in favor of a trustee of a second trust and KRS 386.454 regarding a trustee's power to adjust between principal and income and conversion to unitrust. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 119, effective July 15, 2026. -- Created 2014 Ky. Acts ch. 25, sec. 18, effective July 15, 2014.

KRS 386B.3-020 Representation by holder of general testamentary power of appointment

386B.3-020. 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. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 25, sec. 19, effective July 15, 2014.

KRS 386B.3-030 Representation by fiduciaries and parents

386B.3-030. 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: (1) A conservator may represent and bind the estate that the conservator controls; (2) A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed; (3) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal; (4) A trustee may represent and bind the beneficiaries of the trust; (5) A personal representative of a decedent's estate may represent and bind persons interested in the estate; (6) 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; and (7) A curator may represent and bind the estate or person that the curator controls. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 25, sec. 20, effective July 15, 2014.

KRS 386B.3-040 Representation by person having substantially identical interest

386B.3-040. Representation by person having substantially identical interest Unless otherwise represented, a minor, incapacitated, or unborn individual, 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. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 25, sec. 21, effective July 15, 2014.

KRS 386B.3-050 Appointment of guardian ad litem

386B.3-050. Appointment of guardian ad litem (1) If the court determines that an interest is not represented under this subchapter, or that the otherwise available representation might be inadequate because of conflict or otherwise, the court may appoint a guardian ad litem 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. A guardian ad litem may be appointed to represent several persons or interests. (2) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending. (3) In making decisions, a guardian ad litem may consider general benefit accruing to the living members of the individual's family. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 25, sec. 22, effective July 15, 2014.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=42924Fetched: 10/20/2026