55-1B-12 Powers and discretions of family advisor.
Powers and discretions of family advisor.
The powers and discretions of a family
advisor are as provided in the governing instrument or by court order and may be exercised or not
exercised, in the best interests of the trust, in the sole and absolute discretion of the family advisor.
The powers and discretions may only include the following:
Remove and appoint a trustee, a fiduciary provided for in the governing trust instrument,
trust advisor, investment committee member, or distribution committee member;
Appoint a successor trust protector or a successor family advisor;
Advise the trustee on matters concerning any beneficiary; receive trust accountings,
investment reports, and other information from the trustee or to which a beneficiary is
entitled; attend meetings whether in person or by any other means with the trustee,
investment trust advisors, distribution trust advisors, or other advisors whether in person
or by any means, electronic or otherwise; and to consult with a fiduciary regarding both
fiduciary and nonfiduciary matters or actions, all without any power or discretion to take
any action as a fiduciary; or
Provide direction regarding notification of qualified beneficiaries pursuant to § 55-2-13.
A family advisor is not required to exercise any powers or discretions under any circumstances.
Every action or inaction by a family advisor is a nonfiduciary action or inaction and a family advisor
is absolutely excluded from liability to any other person for an action or inaction as a family advisor.
A court may review a family advisor's exercise of the powers described in subdivisions (1), (2), and
(4) only if the family advisor acts dishonestly or with an improper motive but may not review a
family advisor's failure to exercise any powers. A reasonableness standard may not be applied to any
action or inaction of a family advisor. Other than for the two circumstances listed above, a court has
no jurisdiction to review a family advisor's action or inaction.
Back to Chapter 55-1B
A family advisor is entitled to compensation as provided in the governing instrument. If the
governing instrument does not provide for or establish compensation, a family advisor is entitled to
reasonable compensation for the exercise of the powers and discretions granted to the family advisor
pursuant to this chapter.
Source: SL 2016, ch 231, § 18.
Get Chapter 55-1B