---
title: O.C.G.A. § 53-12-500. Definitions.
collection: code
id: 53-12-500
cite_as: O.C.G.A. § 53-12-500 (2025)
canonical_url: https://georgiacommons.org/code/53-12-500
md_url: https://georgiacommons.org/code/53-12-500.md
text_url: https://georgiacommons.org/code/53-12-500/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-pdf.pdf?sfvrsn=5e4f6f40_0#page=132
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / TRUSTS / TRUST DIRECTORS
---

# O.C.G.A. § 53-12-500. Definitions.

As used in this article, the term:

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

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

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

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

(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.

(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.

(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.

## 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).