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O.C.G.A. § 53-12-500

Definitions

— Code 1981, § 53-12-500, Section 53-12-8; and, except as otherwise enacted by Ga

As used in this article, the term:

(1) “Directed trustee” means a trustee that is subject to a trust director’s power of direction.

(2) “Power of appointment” means a power that enables a person, acting in a nonfiduciary capacity, to:

(A) Designate a recipient of either an ownership interest in or another power of appointment over trust property;

(B) Rescind or terminate either an ownership interest in or another power of appointment over trust property; and

(C) Determine when a beneficiary shall have the rights granted under Code Sections 53-12-242 and 53-12-243 or similar rights granted under the governing instrument.

(3) “Power of direction” means a power over a trust granted to a

person by the trust instrument to the extent the power is exercisable in a capacity other than as a trustee. Such term includes a power over the administration of the trust or the investment, management, or distribution of the trust property; a power to consent to a trustee’s actions, whether through exercise of an affirmative power to consent or through nonexercise of a veto power over a trustee’s actions, where a trustee may not act without such consent; and all further powers appropriate to the exercise or nonexercise of such powers held by the trust director pursuant to subsection (a) of Code Section 53-12-502. Such term shall exclude the powers described in subsection (b) of Code Section 53-12-501.

(4) “Trust director” means a person that is granted a power of direction by a trust to the extent the power is exercisable in a capacity other than as a trustee, regardless of whether the trust instrument refers to such person as a trust director and regardless of whether the person is a beneficiary or settlor of the trust.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.