{"data":{"id":"us-il/760-ilcs-3-1209","jurisdiction":"us-il","citation":"760 ILCS 3/1209","heading":"Court involvement.","body":"(a) On application of an authorized fiduciary, a person entitled to notice under Section 1207(c), a beneficiary, or, with respect to a charitable interest, the Attorney General or any other person that has standing to enforce the charitable interest, the court may:\n(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this Article and consistent with the fiduciary duties of the authorized fiduciary;\n(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this Article and to exercise the decanting power;\n(3) approve an exercise of the decanting power;\n(4) determine that a proposed or attempted exercise of the decanting power is ineffective because:\n(A) after applying Section 1222, the proposed or attempted exercise does not or did not comply with this Article; or\n(B) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;\n(5) determine the extent to which Section 1222 applies to a prior exercise of the decanting power;\n(6) provide instructions to the trustee regarding the application of Section 1222 to a prior exercise of the decanting power; or\n(7) order other appropriate relief to carry out the purposes of this Article.\n(b) On application of an authorized fiduciary, the court may approve:\n(1) an increase in the fiduciary's compensation under Section 1216; or\n(2) a modification under Section 1218 of a provision granting a person the right to remove or replace the fiduciary.","path":["CHAPTER 760 TRUSTS AND FIDUCIARIES","Illinois Trust Code."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=4001\u0026ChapterID=61\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:44Z","sha256":"7fd2f8ce3947ea9ef57bc3cf2affc133396257c6b3a625a56e5878e1b84a098d","source_id":"us-il","stale":false,"prev":"us-il/760-ilcs-3-1208","next":"us-il/760-ilcs-3-1210"},"notice":"GroundRules: Original legal text. Not legal advice."}
