Ohio § 5804.11

§ 5804.11.

(A) If upon petition the court finds that the settlor and all beneficiaries consent to

the modification or termination of a noncharitable irrevocable trust, that all consents,

including any given by representatives under Chapter 5803. of the Revised Code, are

valid, and that all parties giving consent are competent to do so, the court shall

enter an order approving the modification or termination even if the modification

or termination is inconsistent with a material purpose of the trust.  An agent under a power of attorney may exercise a settlor's power to consent to

a trust's modification or termination only to the extent expressly authorized by both

the power of attorney and the terms of the trust.  The settlor's guardian of the estate may exercise a settlor's power to consent to

a trust's modification or termination with the approval of the court supervising the

guardianship if an agent is not so authorized.  The guardian of the settlor's person may exercise a settlor's power to consent to

a trust's modification or termination with the approval of the court supervising the

guardianship if an agent is not so authorized and a guardian of the estate has not

been appointed.  This division does not apply to a noncharitable irrevocable trust described in 42 U.S.C. 1396p(d)(4) . (B) A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries

if the court concludes that continuance of the trust is not necessary to achieve any

material purpose of the trust.  A noncharitable irrevocable trust may be modified, but not to remove or replace

the currently serving trustee, upon consent of all of the beneficiaries if the court

concludes that modification is not inconsistent with a material purpose of the trust.  A spendthrift provision in the terms of the trust may, but is not presumed to, constitute

a material purpose of the trust.  In determining what constitutes a material purpose of a trust, a court may but is

not required to consider extrinsic evidence indicating a settlor's intent at the time

the instrument was executed. (C) Upon termination of a trust under division (A) or (B) of this section, the trustee

shall distribute the trust property as agreed by the beneficiaries. (D) If not all of the beneficiaries consent to a proposed modification or termination

of the trust under division (A) or (B) of this section, the court may approve the

modification or termination if the court is satisfied of both of the following: (1) That if all of the beneficiaries had consented, the trust could have been modified

or terminated under this section; (2) That the interests of a beneficiary who does not consent will be adequately protected.