SECTION 736.0808. Powers to direct.

Latest version.

1(1) 2Subject to ss. 5736.0403(2) 6and 7736.0602(3)(a), 8the trustee may follow a direction of the settlor that is contrary to the terms of the trust while a trust is revocable.
31(2) 32If the terms of a trust confer on a person other than the settlor of a revocable trust the power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.
113(3) 114The terms of a trust may confer on a trustee or other person a power to direct the modification or termination of the trust.
138(4) 139A person, other than a beneficiary, who holds a power to direct is presumptively a fiduciary who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.

History.-s. 8, ch. 2006-217.

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