{"data":{"id":"us-me/18-b-m.r.s.-1208","jurisdiction":"us-me","citation":"18-B M.R.S. §1208","heading":"Court involvement","body":"1.  Application to court.  On application of an authorized fiduciary, a person entitled to notice under section 1207, subsection 3, a beneficiary or, with respect to a charitable interest, the Attorney General, the court may:\nA.  Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this Act and consistent with the fiduciary duties of the authorized fiduciary;\nB.  Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this Act and to exercise the decanting power;\nC.  Approve an exercise of the decanting power;\nD.  Determine that a proposed or attempted exercise of the decanting power is ineffective because:\n(1)  After applying section 1221, the proposed or attempted exercise does not or did not comply with this Act; or\n(2)  The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;\nE.  Determine the extent to which section 1221 applies to a prior exercise of the decanting power;\nF.  Provide instructions to the trustee regarding the application of section 1221 to a prior exercise of the decanting power; or\nG.  Order other relief to carry out the purposes of this Act.\n2.  Court approval.  On application of an authorized fiduciary, the court may approve:\nA.  An increase in the fiduciary's compensation under section 1215; or\nB.  A modification under section 1217 of a provision granting a person the right to remove or replace the fiduciary.","path":["TITLE 18-B: TRUSTS","PART 1: MAINE UNIFORM TRUST CODE","CHAPTER 12: MAINE UNIFORM TRUST DECANTING ACT"],"source_url":"https://legislature.maine.gov/statutes/18-B/title18-Bsec1208.html","current_through":"October 1, 2025","vintage":"","retrieved_at":"2026-09-04T15:12:29Z","sha256":"26e38fa3137364ee9397e27fb38194c717e16a52f3bebc9dcee32b641476fee1","source_id":"us-me","stale":false,"prev":"us-me/18-b-m.r.s.-1207","next":"us-me/18-b-m.r.s.-1209"},"notice":"GroundRules: Original legal text. Not legal advice."}