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§ 14.5-301. Notice and consent of authorized representatives

West's Annotated Code of MarylandEstates and TrustsEffective: January 1, 2015

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 14.5. Maryland Trust Act (Refs & Annos)
Subtitle 3. Representation (Refs & Annos)
Effective: January 1, 2015
MD Code, Estates and Trusts, § 14.5-301
§ 14.5-301. Notice and consent of authorized representatives
In general
(a) Except as required by the applicable rules of civil procedure in a judicial proceeding, notice to a person that is authorized to represent and bind another person under this subtitle has the same effect as if notice were given directly to the other person unless the person represented objects to the representation by notifying the trustee and the representative before the notice would otherwise have become effective.
Objections to representation
(b) The consent of a person that is authorized to represent and bind another person under this subtitle is binding on the person represented unless the person represented objects to the representation by notifying the trustee and the representative before the consent would otherwise have become effective.
Persons authorized to represent settlors lacking capacity
(c) Except as otherwise provided in § 14.5-602 of this title, a person that under this subtitle is authorized to represent a settlor that lacks capacity may receive notice and give a binding consent on behalf of the settlor.
Pending judicial proceedings
(d) A representative may act on behalf of the individual represented with respect to a matter arising under this title, whether or not a judicial proceeding concerning the trust is pending.
General benefit accruing to living members of individual’s family
(e) In making decisions as a representative of an individual, the representative may consider the general benefit accruing to the living members of the family of the individual.

Credits

Added by Acts 2014, c. 585, § 1, eff. Jan. 1, 2015.
MD Code, Estates and Trusts, § 14.5-301, MD EST & TRST § 14.5-301
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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