18-B M.R.S. §1208: Court involvement

1. Application to court. On application of an authorized fiduciary, a person entitled to notice under section 1207, subsection 3, a beneficiary or, with respect to a charitable interest, the Attorney General, the court may:

A. Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this Act 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 this Act 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 section 1221, the proposed or attempted exercise does not or did not comply with this Act; or

(2) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;

E. Determine the extent to which section 1221 applies to a prior exercise of the decanting power;

F. Provide instructions to the trustee regarding the application of section 1221 to a prior exercise of the decanting power; or

G. Order other relief to carry out the purposes of this Act.

2. Court approval. On application of an authorized fiduciary, the court may approve:

A. An increase in the fiduciary's compensation under section 1215; or

B. A modification under section 1217 of a provision granting a person the right to remove or replace the fiduciary.