C.R.S.
Section 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.
Source:
Section 15-16-909 — Court involvement, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-15.pdf (accessed Oct. 20, 2023).
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