§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).