TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 12. (Revised Trust Code of 2010) Trusts, 53-12-1 through 53-12-506.

ARTICLE 18 TRUST DIRECTORS

53-12-502. Authority, procedures, and powers of trust directors.

1. Subject to this Code section, a trust instrument may grant powers of direction to a trust director.
2. A trust director shall be 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 regarding:
   1. A payback provision in the trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A), as it existed on February 1, 2018, and regulations issued thereunder; and
   2. A charitable interest in the trust.
3. The powers of direction of a trust director who is also a beneficiary shall be subject to the limitations of Code Section 53-12-270.
4. In the case of a power to modify the trust:
   1. The duties or liabilities of a trustee may not be enlarged without the trustee's express consent; and
   2. A trustee shall not be liable for failing to act in accordance with a modification or termination of a trust of which the trustee had no notice.

(Code 1981, §53-12-502, enacted by Ga. L. 2018, p. 262, § 25/HB 121.)