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2018 Colorado Revised Statutes
Title 15 - Probate, Trusts, and Fiduciaries
Colorado Probate Code
Article 16 - Trust Administration
Part 9 - Colorado Uniform Trust Decanting Act
§ 15-16-918. Removal or replacement of authorized fiduciary
Universal Citation: CO Rev Stat ยง 15-16-918 (2018)
(1) An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:
(a) The person holding the power consents to the modification in a signed record and the modification applies only to the person;
(b) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(c) The court approves the modification and the modification grants a substantially similar power to another person.
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