Virginia Code 64.2-716: Representation by fiduciaries and parents or other ancestors
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:
Terms Used In Virginia Code 64.2-716
- Conservator: means a person appointed by the court to administer the estate of an adult individual. See Virginia Code 64.2-701
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. See Virginia Code 64.2-701
- Guardian of the estate: means a person appointed by the court to administer the estate of a minor. See Virginia Code 64.2-701
- Person: means an individual; estate; business or nonprofit entity; government; governmental subdivision, agency, or instrumentality; public corporation; or other legal entity. See Virginia Code 64.2-701
- Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
1. A conservator or guardian of the estate may represent and bind the estate that such fiduciary controls;
2. A guardian may represent and bind the ward if a conservator or guardian 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 guardian of the estate or guardian for the child has not been appointed; and
7. If a minor or unborn person is not otherwise represented under this section, a grandparent or more remote ancestor may represent and bind that minor or unborn person.