(a) On application of an authorized fiduciary, a person entitled to notice under § 28-78-107(c), a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;(3) Approve an exercise of the decanting power;(4) Determine that a proposed or attempted exercise of the decanting power is ineffective because:(A) After applying § 28-78-122, the proposed or attempted exercise does not or did not comply with this chapter; or(B) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;(5) Determine the extent to which § 28-78-122 applies to a prior exercise of the decanting power;(6) Provide instructions to the trustee regarding the application of § 28-78-122 to a prior exercise of the decanting power; or(7) Order other relief to carry out the purposes of this chapter.
(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;
(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;
(3) Approve an exercise of the decanting power;
(4) Determine that a proposed or attempted exercise of the decanting power is ineffective because:(A) After applying § 28-78-122, the proposed or attempted exercise does not or did not comply with this chapter; or(B) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
(A) After applying § 28-78-122, the proposed or attempted exercise does not or did not comply with this chapter; or
(B) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
(5) Determine the extent to which § 28-78-122 applies to a prior exercise of the decanting power;
(6) Provide instructions to the trustee regarding the application of § 28-78-122 to a prior exercise of the decanting power; or
(7) Order other relief to carry out the purposes of this chapter.
(b) On application of an authorized fiduciary, the court may approve:(1) An increase in the fiduciary's compensation under § 28-78-116; or(2) A modification under § 28-78-118 of a provision granting a person the right to remove or replace the fiduciary.
(1) An increase in the fiduciary's compensation under § 28-78-116; or
(2) A modification under § 28-78-118 of a provision granting a person the right to remove or replace the fiduciary.