Court involvement in the exercise of decanting power

(1) On application of an authorized fiduciary, a person entitled to notice under KRS 386B.13-060(3), 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: (a) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under KRS 386B.13-010 to 386B.13-280 and consistent with the fiduciary duties of the authorized fiduciary; (b) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under 386B.13-010 to 386B.13-280 and to exercise the decanting power; (c) Approve an exercise of the decanting power; (d) Determine that a proposed or attempted exercise of the decanting power is ineffective because: 1. After applying KRS 386B.13-210, the proposed or attempted exercise does not or did not comply with the provisions of 386B.13-010 to 386B.13-280; or 2. The proposed or attempted exercise would be or was an abuse of fiduciary's discretion or a breach of fiduciary duty; (e) Determine the extent to which KRS 386B.13-210 applies to a prior exercise of the decanting power; (f) Provide instructions to the trustee regarding the application of KRS 386B.13- 210 to a prior exercise of the decanting power; or (g) Order other relief to carry out the purposes of KRS 386B.13-010 to 386B.13- 280. (2) On application of an authorized fiduciary, the court may approve: (a) An increase in the fiduciary's compensation under KRS 386B.13-150; or (b) A modification under KRS 386B.13-170 of a provision granting a person the right to remove or replace the fiduciary.