§44D-8A-804. Common Law and Principles of Equity
The common law and principles of equity supplement this article, except to the extent modified by this article or law of this state other than this article.
§44D-8A-805. Exclusions
(a) In this section, “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (b) This article does not apply to a: (1) Power of appointment;
§44D-8A-806. Powers of Trust Director
(a) Subject to 44D-8A-807 of this code, the terms of a trust may grant a power of direction to a trust director. (b) Unless the terms of a trust provide otherwise: (1) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director […]
§44D-8A-807. Limitations on Trust Director
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under 44D-8A-806(b)(1) of this code regarding: (1) A payback provision in the terms of a trust necessary to comply with the reimbursement […]
§44D-8A-808. Duty and Liability of Trust Director
(a) Subject to subsection (b) of this section, with respect to a power of direction or further power under 44D-8A-806(b)(1) of this code: (1) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:
§44D-8A-809. Duty and Liability of Directed Trustee
(a) Subject to subsection (b) of this section, a directed trustee shall take reasonable action to comply with a trust directors exercise or nonexercise of a power of direction or further power under 44D-8A-806(b)(1) of this code, and the trustee is not liable for the action. (b) A directed trustee must not comply with a […]
§44D-8A-810. Duty to Provide Information to Trust Director or Trustee
(a) Subject to 44D-8A-811 of this code, a trustee shall provide information to a trust director to the extent the information is reasonably related both to: (1) The powers or duties of the trustee; and
§44D-8-814. Discretionary Powers; Tax Savings
(a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust instrument, including the use of such terms as "absolute," "sole" or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the general and specific terms and purposes of the trust and the interests […]
§44D-8-815. General Powers of Trustee
(a) A trustee, without authorization by the court having jurisdiction, may exercise: (1) Powers conferred by the terms of the trust instrument; or
§44D-8-816. Specific Powers of Trustee
Without limiting the authority conferred by section eight hundred fifteen of this article, a trustee has the powers enumerated in the provisions of section three, article five-a, chapter forty-four of this code.