‘It is long overdue that California joins the 47 other states in enacting a bill governing virtual representation’
As part of his first major block of bill signings this year, Governor Gavin Newsom signed a bill into law to permit virtual representation of trust beneficiaries who are Minors, Incapacitated, Unborn, or Unknown (MIUUs) to better facilitate their needs.
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Assembly Bill 565, authored by Assemblywoman Diane Dixon (R-Newport Beach), would specifically provide that notice given to a person authorized to represent and bind another person is sufficient to comply with notice requirements for actions regarding a trust. If a person consents for a person to represent and bind them, the bill will require that consent to be in writing and would make consent binding on the represented person unless they object to the representation before consent would have become effective.
In layman’s terms, AB 565 would enact a comprehensive statutory scheme governing virtual representation, which allows a competent adult to represent and bind trust beneficiaries or other individuals who lack the legal capacity to represent themselves, provided specified conditions are met, in line with what all states except for California, Louisiana and Oklahoma have enacted.
Assemblywoman Dixon authored the bill this year as the current Probate Code identifies which beneficiaries of a trust must be given notice, or give their consent, when certain actions are taken on a trust. Under this law, any beneficiary who is an MIUU cannot legally consent to these trust modifications. In order to approve the modification, a petition must be brought to court or a guardian ad litem’s (GALs) presence is required. The work-arounds of this law are time consuming and costly. As AB 565 provides clarity in this legal process and avoids placing an unnecessary burden on precious court resources, the Assemblywoman aimed to align California with the virtual representation laws of 47 other states.
Anything this jerk touches is suspect. Virtual???
Who is going to state these virtual people exist or have legal standing?
It would be one thing that a tort liability insurance is in place and stays in place for a minimum of 20 years. This will help assure intentional fraud found later compensates both the individual and or their heirs.
Slick really is a foul piece of work.