Who Can Represent Whom Under This Statute
When trust or estate matters come before the court, not every interested person can always participate directly. Representation by fiduciaries and parents fills this gap. The law designates specific roles that carry the authority to act on behalf of others. The key condition: there must be no conflict of interest between the representative and the person represented.
To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: 1. A conservator may represent and bind the estate that the conservator controls. 2. A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed. 3. An agent who has authority to act with respect to the particular question or dispute may represent and bind the principal.
A.R.S. § 14-1406(1)-(3)Conservators can represent and bind persons interested in the estates they manage. Guardians step in for their wards when no conservator has been appointed. Agents with the right authority to act under a power of attorney can represent their principals. Each of these roles is limited to the scope of the particular question or dispute at hand.
Trustees, Personal Representatives, and Parents
The statute also authorizes trustees, personal representatives, and parents to act as representatives. A trustee may represent and bind the beneficiaries of the trust. A personal representative of a decedent's estate may represent and bind persons interested in the estate.
A parent may represent and bind a minor or unborn child, provided no conservator or guardian has already been appointed for the child. This is especially important for families with trusts that include provisions for future children.
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, except that the parent may not represent the child to consent to a modification or a termination of a trust if the parent is the settlor of the trust.
A.R.S. § 14-1406(6)That last exception is important. If the parent created the trust (as the settlor), they cannot use parental authority to consent on behalf of their child to modify or terminate it. This safeguard prevents a conflict of interest where the trust creator could change the terms meant to benefit the child. For families with trusts that include provisions for minor or future children, understanding these boundaries is essential.