{"data":{"id":"us-ky/krs-386b.13-080","jurisdiction":"us-ky","citation":"KRS 386B.13-080","heading":"Court involvement in the exercise of decanting power.","body":"(1) On application of an authorized fiduciary, a person entitled to notice under KRS\n386B.13-060(3), a beneficiary, or with respect to a charitable interest, the Attorney\nGeneral or other person that has standing to enforce the charitable interest, the court\nmay:\n(a) Provide instructions to the authorized fiduciary regarding whether a proposed\nexercise of the decanting power is permitted under KRS 386B.13 -010 to\n386B.13-280 and consiste nt with the fiduciary duties of the authorized\nfiduciary;\n(b) Appoint a special fiduciary and authorize the special fiduciary to determine\nwhether the decanting power should be exercised under 386B.13 -010 to\n386B.13-280 and to exercise the decanting power;\n(c) Approve an exercise of the decanting power;\n(d) Determine that a proposed or attempted exercise of the decanting power is\nineffective because:\n1. After applying KRS 386B.13 -210, the proposed or attempted exercise\ndoes not or did not comply with the p rovisions of 386B.13 -010 to\n386B.13-280; or\n2. The proposed or attempted exercise would be or was an abuse of\nfiduciary's discretion or a breach of fiduciary duty;\n(e) Determine the extent to which KRS 386B.13-210 applies to a prior exercise of\nthe decanting power;\n(f) Provide instructions to the trustee regarding the application of KRS 386B.13 -\n210 to a prior exercise of the decanting power; or\n(g) Order other relief to carry out the purposes of KRS 386B.13 -010 to 386B.13-\n280.\n(2) On application of an authorized fiduciary, the court may approve:\n(a) An increase in the fiduciary's compensation under KRS 386B.13-150; or\n(b) A modification under KRS 386B.13 -170 of a provision granting a person the\nright to remove or replace the fiduciary.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57757","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:20Z","sha256":"e18f2db3dfa2b0105816fc1a221624469cfe4849b1480e8fdd0a8833e0c8dbcf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-386b.13-070","next":"us-ky/krs-386b.13-090"},"notice":"GroundRules: Original legal text. Not legal advice."}