(a) For purposes of this title, the term “designated representative” means a person who is authorized to act as a designated representative in the manner described in at least 1 of the following paragraphs of this subsection (a) and who delivers to the trustee such person’s written acceptance of the office of designated representative. A person who is authorized to act as a designated representative in the manner described in this subsection:
(1) Is expressly appointed under the terms of a governing instrument as a designated representative or by reference to this section;
(2) Is authorized or directed under the terms of a governing instrument to represent or bind 1 or more beneficiaries in connection with a judicial proceeding or nonjudicial matter, as those terms are defined in § 3303(e) of this title;
(3) Is a person appointed by 1 or more persons who are expressly authorized under a governing instrument to appoint a person who is described in paragraph (a)(1) or (2) of this section;
(4) Is a person appointed by a beneficiary to act as a designated representative of such beneficiary; and/or
(5) Is a person appointed by the trustor to act as designated representative for 1 or more beneficiaries.
(b) A designated representative shall be presumed to be a fiduciary.
80 Del. Laws, c. 89, § 1.
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