Rule 116 Fiduciaries and Legal Representatives Who May File Consents and
Rule Text
Waivers
(a) WHO MAY CONSENT OR WAIVE. Except as provided in Rule 116(b), the following persons may execute a consent or waiver for and on behalf of that person’s principal:
(1) a guardian;
(2) a guardian ad litem;
(3) a conservator;
(4) a parent;
(5) a legal representative of an interested person with a legal disability;
(6) an attorney-in-fact;
(7) a trustee nominated by will or other document; or
(8) any other person acting in a fiduciary capacity.
(b) EXCEPTIONS. A person listed in Rule 116(a) does not have authority to execute a consent or waiver if the consent or waiver is to:
(1) the fiduciary’s or representative’s own appointment;
(2) the fiduciary’s or representative’s own bond; or
(3) the fiduciary’s or representative’s own report, inventory, accounting, or request for compensation, unless for a trust accounting, the fiduciary is also the sole beneficiary.
(c) REQUIREMENTS FOR WAIVER. A waiver signed by one acting in a fiduciary or representative capacity must be accompanied by a certified copy of a court appointment, if any, or, if none, by a verified statement:
(1) indicating such person’s status;
(2) setting forth the nature and the date of the instrument, if any, creating the fiduciary relationship or legal representation, and the relevant portions of the instrument; and
(3) representing that the instrument, if any, is still in full force and effect.