58a-808. Powers to direct.
58a-808
58a-808. Powers to direct.(a) While a trust isrevocable, the trustee may follow a direction of thesettlor that iscontrary to the terms of the trust.
(b) If the terms of a trust confer upon a person other than the settlor ofa revocable trustpower to direct certain actions of the trustee, the trustee shall act inaccordance with an exercise ofthe power unless the attempted exercise is manifestly contrary to the terms ofthe trust or the trusteeknows the attempted exercise would constitute a serious breach of a fiduciaryduty that the personholding the power owes to the beneficiaries of the trust.
(c) The terms of a trust may confer upon a trustee or other person a power todirect themodification or termination of the trust.
(d) A person, other than a beneficiary, who holds a power to direct ispresumptivelya fiduciary who, as such, is required to act in good faith with regard to thepurposes of the trust andthe interests of the beneficiaries. The holder of a power to direct is liablefor any loss that resultsfrom breach of a fiduciary duty.
History: L. 2002, ch. 133, § 65; Jan. 1, 2003.