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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 18. TRUST DIRECTORS

53-12-500. Definitions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. As used in this article, the term:

  2. (1)

    “Directed trustee” means a trustee that is subject to a trust director’s power of direction.#

  3. (2)

    “Power of appointment” means a power that enables a person, acting in a nonfiduciary capacity, to:#

    1. (A)

      Designate a recipient of either an ownership interest in or another power of appointment over trust property;#

    2. (B)

      Rescind or terminate either an ownership interest in or another power of appointment over trust property; or#

    3. (C)

      Determine when a beneficiary shall have the rights granted under Code Sections 53-12-242 and 53-12-243 or similar rights granted under the trust instrument.#

  4. (3)

    “Power of direction” means a power over a trust granted to a person by the trust instrument to the extent the power is exercisable in a capacity other than as a trustee. Such term includes a power over the administration of the trust or the investment, management, or distribution of the trust property; a power to consent to a trustee’s actions, whether through exercise of an affirmative power to consent or through nonexercise of a veto power over a trustee’s actions, where a trustee may not act without such consent; and all further powers appropriate to the exercise or nonexercise of such powers held by the trust director pursuant to subsection (a) of Code Section 53-12-502. Such term shall exclude the powers described in subsection (b) of Code Section 53-12-501 and the power of a person designated in a trust instrument to receive notice and provide consent pursuant to paragraph (6) of subsection (f) of Code Section 53-12-8.#

  5. (4)

    “Trust director” means a person that is granted a power of direction by a trust to the extent the power is exercisable in a capacity other than as a trustee, regardless of whether the trust instrument refers to such person as a trust director and regardless of whether the person is a beneficiary or settlor of the trust.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 53-12-500, enacted by Ga. L. 2018, p. 262, § 25/HB 121; Ga. L. 2020, p. 377, § 1-87/HB 865; Ga. L. 2025, p. 806, § 93/HB 327, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, substituted “or” for “and” in subparagraph (2)(B); substituted “trust instrument” for “governing instrument” in subparagraph (2)(C); and added “and the power of a person designated in a trust instrument to receive notice and provide consent pursuant to paragraph (6) of subsection (f) of Code Section 53-12-8” at the end of paragraph (3).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t52-t53-(v40)-pdf.pdf, Volume V40, 2021 edition, 2025 supplement, pages 132 to 133; merge action: replaced; file SHA-256 d9d2be0e71ce.