{"data":{"id":"us-ky/krs-386b.12-070","jurisdiction":"us-ky","citation":"KRS 386B.12-070","heading":"Duty and liability of trust director.","body":"(1) Subject to subsection (2) of this section, with respect to a power of direction or\nfurther power under KRS 386B.12-050(2)(a):\n(a) A trust director has the same fiduciary duty and liability in the exercise or\nnonexercise of the power:\n1. If the power is hel d individually, as a sole trustee in a like position and\nunder similar circumstances; or\n2. If the power is held jointly with a trustee or another trust director, as a\ncotrustee in like position and under similar circumstances; and\n(b) The terms of the tru st may vary the director's duty or liability to the same\nextent the terms of the trust could vary the duty or liability of a trustee in a\nlike position and under similar circumstances.\n(2) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified,\nor otherwise authorized or permitted by law other than the provisions of KRS\n386B.12-010 to 386B.12 -170 to provide health care in the ordinary course of the\ndirector's business or practice of a profession, to the extent the director  acts in that\ncapacity, the director shall have no duty or liability under KRS 386B.12 -010 to\n386B.12-170.\n(3) The terms of a trust may impose a duty or liability on a trust director in addition to\nthe duties and liabilities under this section.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57739","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:19Z","sha256":"fc0d885a837566d11991cf1d07a733b3ba64b3b04378dfc51aa0c31eb8dd5291","source_id":"us-ky","stale":false,"prev":"us-ky/krs-386b.12-060","next":"us-ky/krs-386b.12-080"},"notice":"GroundRules: Original legal text. Not legal advice."}