The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 14A V.S.A. § 808)
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§ 808. Powers to direct
(a) While a trust is revocable, the trustee may follow a direction of the settlor that
is contrary to the terms of the trust.
(b) If the terms of a trust confer upon a person other than the settlor of a revocable
trust power to direct certain actions of the trustee, the trustee shall act in accordance
with an exercise of the power unless the attempted exercise is manifestly contrary
to the terms of the trust or the trustee knows the attempted exercise would constitute
a serious breach of a fiduciary duty that the person holding the power owes to the
beneficiaries of the trust.
(c) The terms of a trust may confer upon a trustee or other person a power to direct the
modification or termination of the trust.
(d) A person, other than a beneficiary, who holds a power to direct is presumptively a
fiduciary who, as such, is required to act in good faith with regard to the purposes
of the trust and the interests of the beneficiaries. The holder of a power to direct
is liable for any loss that results from breach of a fiduciary duty. (Added 2009, No. 20, § 1.)