{"data":{"id":"us-ga/o.c.g.a.-53-12-501","jurisdiction":"us-ga","citation":"O.C.G.A. § 53-12-501","heading":"Application of article; construction of trust instrument.","body":"(a) This article shall apply when the trust instrument evidences the settlor’s intent to provide for the office and function of a trust director, regardless of the terms used to describe such office and functions.\n(b) This article shall not apply to:\n(1) A power of appointment;\n(2) A power to appoint or remove a trustee or trust director;\n(3) A power of a settlor to revoke the trust or amend the trust instrument;\n(4) A power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary or a person represented by the beneficiary under Code Section 53-12-8 with respect to the exercise or nonexercise of the power; or\n(5) A power over a trust if both:\n(A) The trust instrument provides such power is held in a nonfiduciary capacity; and\n(B) Such power is held in a nonfiduciary capacity to achieve the settlor’s tax objectives.\n(c) Except as otherwise provided in the trust instrument, for purposes of this Code section a power granted to a person to designate a recipient of an ownership interest in or power over trust property that is exercisable in a capacity other than as a trustee is a power of appointment and not a power of direction.","path":["TITLE 53 Wills, Trusts, and Administration of Estates","CHAPTER 12 Trusts","Article 18 Trust Directors"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.53.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:58Z","sha256":"8b72a1e2b2d338d0162306e109c76fc080f91b3019394fa86fbc642df5d37d8f","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-53-12-500","next":"us-ga/o.c.g.a.-53-12-502"},"notice":"GroundRules: Original legal text. Not legal advice."}