15-16-909. Court involvement
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CO Code › Title 15 › Article 16 › Part 9 › Section 15-16-909
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15-16-909. Court involvement. (1) On application of an authorized fiduciary, a person entitled to notice under section 15-16-907 (3), a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may:
(a) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this part 9 and consistent with the fiduciary duties of the authorized fiduciary;
(b) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this part 9 and to exercise the decanting power;
(c) Approve an exercise of the decanting power;
(d) Determine that a proposed or attempted exercise of the decanting power is ineffective because:
(I) After applying section 15-16-922, the proposed or attempted exercise does not or did not comply with this part 9; or
(II) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
(e) Determine the extent to which section 15-16-922 applies to a prior exercise of the decanting power;
(f) Provide instructions to the trustee regarding the application of section 15-16-922 to a prior exercise of the decanting power; or
(g) Order other relief to carry out the purposes of this part 9.
(2) On application of an authorized fiduciary, the court may approve:
(a) An increase in the fiduciary's compensation under section 15-16-916; or
(b) A modification under section 15-16-918 of a provision granting a person the right to remove or replace the fiduciary.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.