(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.
C.R.S. § 15-16-909
Court involvement
Digitized from: Public.Law — Colorado Revised Statutes. Reproduced from public-domain Colorado statutes; confirm against the official source for the current text. Not legal advice.