2017 Florida Statutes
TITLE XLII - ESTATES AND TRUSTS
Chapter 736 - FLORIDA TRUST CODE
Part III - REPRESENTATION (ss. 736.0301-736.0306)
736.0306 - Designated representative.
736.0306 Designated representative.—
(1) If specifically nominated in the trust instrument, one or more persons may be designated to represent and bind a beneficiary and receive any notice, information, accounting, or report. The trust instrument may also authorize any person or persons, other than a trustee of the trust, to designate one or more persons to represent and bind a beneficiary and receive any notice, information, accounting, or report.
(2) Except as otherwise provided in this code, a person designated, as provided in subsection (1) may not represent and bind a beneficiary while that person is serving as trustee.
(3) Except as otherwise provided in this code, a person designated, as provided in subsection (1) may not represent and bind another beneficiary if the person designated also is a beneficiary, unless:
(a) That person was named by the settlor; or
(b) That person is the beneficiary’s spouse or a grandparent or descendant of a grandparent of the beneficiary or the beneficiary’s spouse.
(4) No person designated, as provided in subsection (1), is liable to the beneficiary whose interests are represented, or to anyone claiming through that beneficiary, for any actions or omissions to act made in good faith.
History.—s. 3, ch. 2006-217; s. 4, ch. 2009-117.
