2006 Georgia Code - 53-12-194

53-12-194. (a) No provision in a trust instrument is effective to relieve the trustee of liability for breach of trust committed in bad faith or intentionally or with reckless indifference to the interest of the beneficiary or for liability for any profit which the trustee has derived from a breach of trust. (b) A trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written direction from a person holding the power to revoke, including a person to whom the power to direct the trustee is delegated. If the trust is revocable in part, then this subsection applies with respect to the interest of the beneficiary in that part of the trust property. (c) Whenever an instrument containing a trust reserves unto the settlor or vests in an advisory or investment committee or in any other person or persons, including a cotrustee, to the exclusion of the trustee or to the exclusion of one or more of several trustees, authority to direct the making or retention of investments or of any investment, the excluded trustee or cotrustee shall be liable, if at all, only as a ministerial agent and shall not be liable as trustee or cotrustee for any loss resulting from the making or retention or any investment pursuant to the authorized direction.

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