HRS §554D-303
Who can legally represent and bind others
This section lists who can act for someone else in trust or estate matters when there is no conflict of interest. It covers conservators, guardians, agents, trustees, personal representatives, parents, and certain beneficiaries. It also sets a priority order for which parent can represent a child.
beneficiariescourtsguardiansparentspersonal representativestrustees
The statute, as written — 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. The parent entitled to represent and bind the child is determined in the following order of priority: (A) The parent who is a lineal descendant of a settlor; (B) The parent who is a beneficiary of the trust that is the subject of the representation; (C) The parent with legal custody of the child; and (D) If one parent cannot be determined pursuant to the preceding criteria and if a disagreement arises between the parties seeking to represent the same child, a guardian ad litem shall be appointed to represent the minor child; and (7) A qualified beneficiary may represent and bind any beneficiary who may succeed to the qualified beneficiary's interest under the terms of the trust or pursuant to the exercise of a power of appointment.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.