72-39-205. Court involvement. (1) On application of an authorized fiduciary, a person entitled to notice under 72-39-203(3), a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may:

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(a)provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;

(b)appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;

(c)approve an exercise of the decanting power;

(d)determine that a proposed or attempted exercise of the decanting power is ineffective because:

(i)after applying 72-39-218, the proposed or attempted exercise does not or did not comply with this chapter; or

(ii)the proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty;

(e)determine the extent to which 72-39-218 applies to a prior exercise of the decanting power;

(f)provide instructions to the trustee regarding the application of 72-39-218 to a prior exercise of the decanting power; or

(g)order other relief to carry out the purposes of this chapter.

(2)On application of an authorized fiduciary, the court may approve:

(a)an increase in the fiduciary’s compensation under 72-39-212; or

(b)a modification under 72-39-214 of a provision granting a person the right to remove or replace the fiduciary.