§ 44D-3-305

W. Va. Code § 44D-3-305

Appointment of representative.

  1. (a) If the court determines in a judicial proceeding that an interest is not represented under this chapter, 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 individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.
  2. (b) A representative 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. (c) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.
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