Unless otherwise represented, a minor, an incapacitated or unborn individual or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.

§305. Appointment of representative

1.__Interest not represented; representation inadequate.__If the court determines that an interest is not represented under this chapter, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, an incapacitated or unborn individual or a person whose identity or location is unknown.__A representative may be appointed to represent several persons or interests.

2.__Scope of representation.__A representative may act on behalf of the individual represented with respect to any matter arising under this Code, whether or not a judicial proceeding concerning the trust is pending.

3.__Consider general benefit.__In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.

CHAPTER 4

CREATION, VALIDITY, MODIFICATION

AND TERMINATION OF TRUST

§401. Methods of creating trust

A trust may be created by:

1.__Transfer of property.__Transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;

2.__Declaration.__Declaration by the owner of property that the owner holds identifiable property as trustee; or

3.__Exercise of power.__Exercise of a power of appointment in favor of a trustee.