Colo. Rev. Stat. § 15-16-809
Duty and liability of directed trustee
Colorado · Colorado Revised Statutes Title 15 — Probate, Trusts, and Fiduciaries · Status: effective
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- Citation
- Colo. Rev. Stat. § 15-16-809, Duty and liability of directed trustee, Colorado, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2294487
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Full text
(1) Subject to subsection (2) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under section 15-16-806 (2)(a), and the trustee is not liable for the action.
(2) A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under section 15-16-806 (2)(a) to the extent that by complying the trustee would engage in willful misconduct.
(3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
(a) The breach involved the trustee's or other director's willful misconduct;
(b) The release was induced by improper conduct of the trustee or other director in procuring the release; or
(c) At the time of the release, the director did not know the material facts relating to the breach.
(4) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.
(5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.