Oklahoma § 60-1208 - Trust director — Fiduciary duty and liability — Providing

§ 60-1208. Trust director — Fiduciary duty and liability — Providing

health care.

A. Subject to subsection B of this section, with respect to a

power of direction or further power under paragraph 1 of subsection

B of Section 7 of this act:

1. A trust director has the same fiduciary duty and liability

in the exercise or nonexercise of the power:

a.

if the power is held individually, as a sole trustee

in a like position and under similar circumstances, or

b.

if the power is held jointly with a trustee or another

trust director, as a cotrustee in a like position and

under similar circumstances; and

2. The terms of the trust may vary the director's duty or

liability to the same extent the terms of the trust could vary the

duty or liability of a trustee in a like position and under similar

circumstances.

B. Unless the terms of a trust provide otherwise, if a trust

director is licensed, certified, or otherwise authorized or

permitted by law other than this act to provide health care in the

ordinary course of the director's business or practice of a

profession, to the extent the director acts in that capacity, the

director has no duty or liability under this act.

C. The terms of a trust may impose a duty or liability on a

trust director in addition to the duties and liabilities under this

section.

Added by Laws 2024, c. 369, § 9, eff. Nov. 1, 2024.