§1208. Court involvement
1.
Application to court.
On application of an authorized fiduciary, a person entitled to notice under section 1207, subsection 3, a beneficiary or, with respect to a charitable interest, the Attorney General, the court may:
A.
Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this Act and consistent with the fiduciary duties of the authorized fiduciary;
[PL 2021, c. 235, §1 (NEW).]
B.
Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this Act and to exercise the decanting power;
[PL 2021, c. 235, §1 (NEW).]
C.
Approve an exercise of the decanting power;
[PL 2021, c. 235, §1 (NEW).]
D.
Determine that a proposed or attempted exercise of the decanting power is ineffective because:
(1)
After applying section 1221, the proposed or attempted exercise does not or did not comply with this Act; or
(2)
The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
[PL 2021, c. 235, §1 (NEW).]
E.
Determine the extent to which section 1221 applies to a prior exercise of the decanting power;
[PL 2021, c. 235, §1 (NEW).]
F.
Provide instructions to the trustee regarding the application of section 1221 to a prior exercise of the decanting power; or
[PL 2021, c. 235, §1 (NEW).]
G.
Order other relief to carry out the purposes of this Act.
[PL 2021, c. 235, §1 (NEW).]
[PL 2021, c. 235, §1 (NEW).]
2.
Court approval.
On application of an authorized fiduciary, the court may approve:
B.
A modification under section 1217 of a provision granting a person the right to remove or replace the fiduciary.
[PL 2021, c. 235, §1 (NEW).]
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).