58a-603.Settlor's powers; powers ofwithdrawal; incapacitation of settlor; hearing.(a) While a trust is revocable, theduties of the trustee are owed exclusively to the settlor.
(b) During the period a power of withdrawal may beexercised, the holder of the power has the rights of a settlor of arevocable trust under thissectionto the extent of the property subject to the power.
(c) (1) If a settlor of a revocable trust is or becomes an incapacitatedperson, on petition of the settlor's legal representative, an adult member ofthe settlor's family or any interested person, including a person interested inthe welfare of the settlor, for good cause shown, the court may: Order thetrustee to exercise or refrain from exercising the trustee's authority in amanner inconsistent with the trustee's fiduciary responsibilities under theprovisions of the trust; remove the trustee; require the trustee to account;and issue such other orders as the court finds will be in the best interests ofthe settlor.
(2) (A) The court may require any person petitioning for any such order tofile a bond in such amount and with such sureties as required by the court toindemnify either the trustee or the trust estate for the expenses, includingattorney fees, incurred with respect to such proceeding.
(B) None of the actions described in this section shall be taken by the courtuntil after hearing upon reasonable notice to the trustee, the settlor, and anylegal representative of the settlor, such as a conservator or attorney-in-factunder a durable power of attorney authorizing the attorney-in-factto act on the behalf of the settlor in such matters.
(C) If there is no legal representative of the settlor, the court shallappoint a guardian ad litem to represent the settlor in such proceeding.
(D) In the event of an emergency as determined by the court, the court,without notice, may enter such temporary order as seems proper to the court,but no such temporary order shall be effective for more than 30 days unlessextended by the court after hearing on reasonable notice to the personsidentified as herein provided.
History: L. 2002, ch. 133, § 47;L. 2004, ch. 158, § 10;L. 2006, ch. 23, § 10; July 1.
58a-603.Settlor's powers; powers ofwithdrawal; incapacitation of settlor; hearing.(a) While a trust is revocable, theduties of the trustee are owed exclusively to the settlor.
(b) During the period a power of withdrawal may beexercised, the holder of the power has the rights of a settlor of arevocable trust under thissectionto the extent of the property subject to the power.
(c) (1) If a settlor of a revocable trust is or becomes an incapacitatedperson, on petition of the settlor's legal representative, an adult member ofthe settlor's family or any interested person, including a person interested inthe welfare of the settlor, for good cause shown, the court may: Order thetrustee to exercise or refrain from exercising the trustee's authority in amanner inconsistent with the trustee's fiduciary responsibilities under theprovisions of the trust; remove the trustee; require the trustee to account;and issue such other orders as the court finds will be in the best interests ofthe settlor.
(2) (A) The court may require any person petitioning for any such order tofile a bond in such amount and with such sureties as required by the court toindemnify either the trustee or the trust estate for the expenses, includingattorney fees, incurred with respect to such proceeding.
(B) None of the actions described in this section shall be taken by the courtuntil after hearing upon reasonable notice to the trustee, the settlor, and anylegal representative of the settlor, such as a conservator or attorney-in-factunder a durable power of attorney authorizing the attorney-in-factto act on the behalf of the settlor in such matters.
(C) If there is no legal representative of the settlor, the court shallappoint a guardian ad litem to represent the settlor in such proceeding.
(D) In the event of an emergency as determined by the court, the court,without notice, may enter such temporary order as seems proper to the court,but no such temporary order shall be effective for more than 30 days unlessextended by the court after hearing on reasonable notice to the personsidentified as herein provided.
History: L. 2002, ch. 133, § 47;L. 2004, ch. 158, § 10;L. 2006, ch. 23, § 10; July 1.
58a-603.Settlor's powers; powers ofwithdrawal; incapacitation of settlor; hearing.(a) While a trust is revocable, theduties of the trustee are owed exclusively to the settlor.
(b) During the period a power of withdrawal may beexercised, the holder of the power has the rights of a settlor of arevocable trust under thissectionto the extent of the property subject to the power.
(c) (1) If a settlor of a revocable trust is or becomes an incapacitatedperson, on petition of the settlor's legal representative, an adult member ofthe settlor's family or any interested person, including a person interested inthe welfare of the settlor, for good cause shown, the court may: Order thetrustee to exercise or refrain from exercising the trustee's authority in amanner inconsistent with the trustee's fiduciary responsibilities under theprovisions of the trust; remove the trustee; require the trustee to account;and issue such other orders as the court finds will be in the best interests ofthe settlor.
(2) (A) The court may require any person petitioning for any such order tofile a bond in such amount and with such sureties as required by the court toindemnify either the trustee or the trust estate for the expenses, includingattorney fees, incurred with respect to such proceeding.
(B) None of the actions described in this section shall be taken by the courtuntil after hearing upon reasonable notice to the trustee, the settlor, and anylegal representative of the settlor, such as a conservator or attorney-in-factunder a durable power of attorney authorizing the attorney-in-factto act on the behalf of the settlor in such matters.
(C) If there is no legal representative of the settlor, the court shallappoint a guardian ad litem to represent the settlor in such proceeding.
(D) In the event of an emergency as determined by the court, the court,without notice, may enter such temporary order as seems proper to the court,but no such temporary order shall be effective for more than 30 days unlessextended by the court after hearing on reasonable notice to the personsidentified as herein provided.
History: L. 2002, ch. 133, § 47;L. 2004, ch. 158, § 10;L. 2006, ch. 23, § 10; July 1.
