Vermont § 1409 - Court involvement

§ 1409. Court involvement

• (a) The court may, upon application of an authorized fiduciary, a person entitled to notice
  under subsection 1407(c) of this title, a beneficiary, or, with respect to a charitable interest, the Attorney General or
  another person with standing to enforce the charitable interest: (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 section 1422 of this title, 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 section 1422 of this title applies to a prior exercise of the decanting power; (6) provide instructions to the trustee regarding the application of section 1422 of this title 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 section 1416 of this title; or (2) a modification under section 1418 of this title of a provision granting a person the right to remove or replace the fiduciary. (Added 2023, No. 177 (Adj. Sess.), § 1, eff. July 1, 2024.)