2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 77 - Trusts
7778 - Powers to direct - UTC 808.

     § 7778.  Powers to direct - UTC 808.
        (a)  Direction of settlor.--While a trust is revocable, the
     trustee may follow a written direction of the settlor that is
     contrary to the trust instrument.
        (b)  Compliance with power.--If a trust instrument confers
     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 a written exercise of the power unless the
     attempted exercise is manifestly contrary to the trust
     instrument 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)  Modification or termination of trust.--A trust
     instrument may confer upon a trustee or other person a power to
     modify or terminate the trust.
        (d)  Fiduciary relationship.--A person other than a
     beneficiary who holds a power to direct certain actions of a
     trustee 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 the
     holder's fiduciary duty.

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