Rule 116 - Fiduciaries and Legal Representatives Who May File Consents and 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: (5) a legal representative of an interested person with a legal disability;(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.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
This rule is procedural; it is not intended to create, enlarge, or modify substantive law regarding a person's ability to consent or waive on behalf of another, especially where there may be a conflict of interest. See, e.g., D.C. Code §§ 19-1301.01 to -191311.03 (2012 Repl.) (adopting Uniform Trust Code, including provisions about representation and conflicts of interest).