2019 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 12 - Trusts
Article 18 - Trust Directors
§ 53-12-503. Role of directors; petitioning court for instructions

• (a) Except as otherwise provided in this Code section, with respect to a power of direction:

  • (1) A trust director shall have the same fiduciary duty and liability in the exercise or nonexercise of the power of direction as a trustee in a like position and under similar circumstances; and

  • (2) The trust instrument may vary the trust director's duty or liability to the same extent the trust instrument could vary the duty or liability of a trustee in a like position and under similar circumstances.

• (b) A trust instrument may make the existence of a trust director's power of direction contingent upon the occurrence of certain events, including, but not limited to, a request to the trust director from a beneficiary or other similar party.

• (c) A trust instrument may empower a trust director to delegate a power of direction to a trustee and provide that, upon written acceptance of such delegation by the trustee, the trustee shall assume the fiduciary duties and liabilities conferred by the power of direction until such time as the trust director or trustee terminates the delegation by written notice.

• (d) Subject to subsection (g) of this Code section, a trust director shall:

  • (1) Keep trustees and other trust directors reasonably informed of the exercise or nonexercise of the trust director's power of direction to the extent such exercise or nonexercise is relevant to the party's powers and duties regarding the trust; and

  • (2) Respond to reasonable requests from trustees and other trust directors for information to the extent such information is relevant to the party's powers and duties regarding the trust.

• (e) A trust director acting in reliance on information provided by a trustee or another trust director shall not be liable for a breach of trust to the extent the breach resulted from such reliance, unless by so acting the trust director engages in willful misconduct.

• (f) Except as otherwise provided in the trust instrument, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this article to provide health care in the ordinary course of the trust director's business or practice of a profession, to the extent the trust director acts in such capacity, the trust director shall have no duty or liability under this article.

• (g) (1) Except as otherwise provided in the trust instrument, a trust director shall not have a duty to:

  • (A) Monitor a trustee or another trust director regarding matters outside the scope of the trust director's powers of direction; or

  • (B) Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director.

    • (2) By taking one of the actions described in paragraph (1) of this subsection, a trust director shall not assume any of the duties excluded by this subsection.

• (h) A trust instrument may impose a duty or liability on a trust director in addition to the duties and liabilities under this Code section.

• (i) A trust director that has reasonable doubt about a duty imposed by this Code section may petition the court for instructions.

Code 1981, § 53-12-503, enacted by Ga. L. 2018, p. 262, § 25/HB 121.