Sec. 1218

760 ILCS 3/1218 — under Illinois Trust Code.

760 ILCS 3/1218

(760 ILCS 3/1218)

Sec. 1218. Removal or replacement of authorized fiduciary. An authorized fiduciary may not exercise the decanting power to modify a provision in the first-trust instrument granting another person power to remove or replace the fiduciary unless:

(1) the person holding the power consents to the modification in a signed record and the modification applies only to the person; (2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or (3) the court approves the modification and the modification grants a substantially similar power to another person. (Source: P.A. 101-48, eff. 1-1-20.)