Petition to determine the permissibility of the decanting power; judicial modification of fiduciary compensation

Sec. 39. (a) Upon a petition by an authorized fiduciary, a beneficiary, or a person entitled to notice under section 35 of this chapter or with respect to a charitable interest by the attorney general or other person that has standing to enforce the charitable interest, the court may: (1) provide instructions to the authorized fiduciary about whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary to determine whether the exercise of the decanting power is proper under this chapter and to exercise the decanting power; (3) approve an exercise of the decanting power; (4) determine that a proposed or attempted exercise of the decanting power is ineffective because: (A) after applying section 52 of this chapter, the proposed or attempted exercise does not comply with this chapter; or (B) the proposed or attempted exercise is an abuse of the fiduciary's discretion or a breach of a fiduciary duty; (5) determine the extent section 52 of this chapter applies to a prior exercise of the decanting power; (6) provide instructions to the trustee regarding the application of section 52 of this chapter to a prior exercise of the decanting power; or (7) order relief to carry out the purposes of this chapter. (b) Upon a petition by an authorized fiduciary, the court may approve: (1) an increase in the fiduciary's compensation under section 46 of this chapter; or (2) a modification under section 48 of this chapter of a provision granting a person the right to remove or replace the fiduciary.