7723 - Representatives and persons represented.

     § 7723.  Representatives and persons represented.        The following rules except as set forth in paragraph (7)     apply to the extent there is no conflict of interest with     respect to the matter at issue between the representative and     the person or persons represented that might affect the     impartiality of the representative and, if two or more persons     are being represented, to the extent there is no conflict of     interest with respect to the matter at issue between or among     the persons represented that might affect the impartiality of     the representative:            (1)  A plenary guardian represents the person whose        estate the guardian supervises, and a limited guardian        represents the person whose estate the guardian supervises        within the scope of authority prescribed by the court order        that defines the guardian's authority.            (2)  An agent under a general power of attorney        represents the agent's principal, and an agent under a        limited power of attorney represents the principal within the        scope of the agent's authority under the power of attorney.            (3)  Where property or an interest in property is vested        in a class of persons, the living sui juris class members        represent the class members who are minors, unborn, unknown        or unascertained.            (4)  Where property or an interest in property will pass        to a class of persons upon the occurrence of a future event,        the living sui juris class members represent the class        members who are minors, unborn, unknown or unascertained. The        class members entitled to represent other class members or        potential class members are the persons who would take the        property or interest in property if the future event had        occurred immediately before the commencement of the judicial        proceeding relating to the property or interest in property        or immediately before the effective date of the nonjudicial        resolution of the matter.            (5)  Where property or an interest in property will pass        to a person, class of persons or both upon the occurrence of        a future event, but the property or interest in property will        pass to another person, class of persons or both upon the        occurrence of an additional future event, the person, class        of persons or both who would take upon the occurrence of the        first event represents the person, class of persons or both        who would take upon the occurrence of the additional event,        provided their interests are identical or substantially        similar for purposes of the particular trust matter. If a        class of persons would take upon the occurrence of the first        event, paragraph (4) applies to representation between or        among the class.            (6)  A person represents all minors or unborn individuals        and persons whose identity or location is unknown and not        reasonably ascertainable, to the extent such persons are not        otherwise represented, if the interests of the person and the        person represented are substantially identical with respect        to the particular question or dispute involved.            (7)  Whether or not there is a conflict of interest        described in this section, the sole holder or all coholders        of a presently exercisable or testamentary power of        appointment represent all potential appointees and all takers        in default of exercise of the power of appointment if the        holder may appoint to:                (i)  the holder's estate, the holder's creditors or            the creditors of the holder's estate; or                (ii)  anyone other than the holder's estate, the            holder's creditors and the creditors of the holder's            estate.            (8)  The sole holder or all coholders of a presently        exercisable or testamentary power of appointment not        described in paragraph (7) represent all potential appointees        and all takers in default of exercise of the power who are        also potential appointees.            (9)  Except as provided in paragraph (1), a person        represents the person's minor and unborn descendants.        Cross References.  Section 7723 is referred to in sections     7722, 7724 of this title.