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The Florida Senate

2008 Florida Statutes

Section 736.0305, Florida Statutes 2008

736.0305  Appointment of representative.--

(1)  If the court determines that an interest is not represented under this part, 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. If not precluded by a conflict of interest, a representative may be appointed to represent several persons or interests.

(2)  A representative may act on behalf of the individual represented with respect to any matter arising under this code, whether or not a judicial proceeding concerning the trust is pending.

(3)  In making decisions, a representative may consider general benefits accruing to the living members of the represented individual's family.

History.--s. 3, ch. 2006-217.