{"data":{"id":"us-hi/haw.-rev.-stat.-554g-4.5","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 554G-4.5","heading":"Advisors.","body":"(a) A transferor may appoint, through the trust instrument, one or more advisors or protectors, including:\n\n(1) Advisors who have authority under the terms of the trust to remove and appoint trustees, advisors, trust committee members, or protectors;\n\n(2) Advisors who have authority under the terms of the trust to direct, consent to, or disapprove of distributions from the trust; and\n\n(3) Advisors, including the transferor beneficiary of the trust, who serve as investment advisors to the trust.\n\n(b) While a trustee may appoint an advisor, the administrative and non-administrative authority over the trust shall remain with the trustee.\n\n(c) Notwithstanding subsection (b), whenever there is a dispute, deadlock, or difference of opinion between a trustee and an advisor, the transferor may direct that the determination of the advisor shall be binding upon the trustee; provided that the trustee shall bear no liability or accountability for any act or transaction entered into or omitted as a result of the enforcement of the advisor's determination. The trustee's administrative and non-administrative fiduciary duty to the beneficiaries shall be waived as to the specific act or transaction entered into or omitted as a result of the enforcement of the advisor's determination; provided that:\n\n(1) The trustee dissents in writing:\n\n(A) Before the act or transaction is completed;\n\n(B) To a failure to act; or\n\n(C) In a reasonably timely manner to enter into a transaction; or\n\n(2) If the advisor is appointed by the transferor under the terms of the trust and section 554D-808(c) applies to the trust and the advisor, the trustee is not required to dissent in writing for the waiver of the trustee's administrative and non-administrative fiduciary duties to the beneficiaries to take effect.","path":["HI Code","Division 3","Title 30","Chapter 554G"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0554G/HRS_0554G-0004_0005.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"1764b285949f467551ea0623ff7b0c4a394f167e2459e12f2a2e211c0e9c852c","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-554g-4","next":"us-hi/haw.-rev.-stat.-554g-5"},"notice":"GroundRules: Original legal text. Not legal advice."}