Section 301. Representation: basic effect.

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Terms Used In Massachusetts General Laws ch. 203E sec. 301

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC

(a) Notice to a person who may represent and bind another person under this article shall have the same effect as if notice were given directly to the other person.

(b) The consent of a person who may represent and bind another person under this article shall be binding on the person represented unless the person represented objects to the representation before the consent becomes effective.

(c) Except as otherwise provided in section 602, a person who, under this article, may represent a settlor who lacks capacity may receive notice and give binding consent on the settlor’s behalf.

(d) A settlor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust under subsection (a) of section 411.