West Virginia Code 44D-3-303 – 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:
Terms Used In West Virginia Code 44D-3-303
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Trustee: A person or institution holding and administering property in trust.
(1) A conservator or guardian of the protected person may represent and bind the estate that the fiduciary controls;
(2) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(3) A trustee may represent and bind the beneficiaries of the trust;
(4) A personal representative of a decedent's estate may represent and bind persons interested in the estate;
(5) 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; and
(6) 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.