2022 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802c - Trusts
Section 45a-499q. - Representation: Basic effect.
(a) Notice to a person who may represent and bind another person under this section and sections 45a-499r to 45a-499u, inclusive, has 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 section and sections 45a-499r to 45a-499u, inclusive, is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
(c) Except as provided in section 45a-499oo, a person that, pursuant to this section and sections 45a-499r to 45a-499u, inclusive, may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
(d) A settlor may not represent and bind a beneficiary under this section with respect to the termination or modification of a trust under sections 45a-499ee and 45a-499ff.
(e) This section and sections 45a-499r to 45a-499u, inclusive, of this act, shall apply to all judicial proceedings and all nonjudicial settlements, agreements or actions (1) under sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive; and (2) under any other provisions of the general statutes pertaining to trust matters. As used in this subsection, “trust matters” means (A) any property or interest in property held as part of a trust; (B) actions by or against a trust or by or against the trustee of the trust, in its capacity as trustee; (C) proceedings for the interpretation of a document creating a trust or other instrument pursuant to which property is held by a trustee; (D) accountings, whether intermediate or final, of any trustee; and (E) any other matter concerning the administration of a trust. Any reference to a trust in this section and sections 45a-487b to 45a-487f, inclusive, includes both testamentary and inter vivos trusts.
(f) As used in this section, “represent” shall not be construed to permit a person who has not been admitted as an attorney pursuant to section 51-80 to serve as legal counsel for any other person in any matter arising under sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive.
(P.A. 19-137, S. 17.)
History: P.A. 19-137 effective January 1, 2020.
