§ 19518
106 words·~1 min read·
/ca/probate-code/19518A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person power to remove or replace the fiduciary unless any of the following occurs:
(a)The person holding the power consents to the modification in a signed writing and the modification applies only to the person.
(b)The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed writing and the modification grants a substantially similar power to another person.
(c)The court approves the modification and the modification grants a substantially similar power to another person.