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<section article="get" article_name="Estates and Trusts" number="14.5-808" title_number="14.5" title_name="Maryland Trust Act" subtitle_number="8" subtitle_name="Duties and Powers of Trustee">
  <level label="a">
    <text>While a trust is revocable, the trustee may follow a written direction of the settlor that is contrary to the terms of the trust.</text>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>Except as provided in paragraph (2) of this subsection, if the terms of a trust confer on one or more persons, other than the settlor of a revocable trust, a power to direct, consent to, or disapprove the actual or proposed investment decisions, distribution decisions, or other decisions of the trustee, the persons shall be considered advisers and fiduciaries that, as such, are required to act reasonably under the circumstances with regard to the purposes of the trust and the interests of the beneficiaries.</text>
      </level>
      <level label="ii">
        <text>The trustee may not act in accordance with an exercise of the power if:</text>
        <level label="1">
          <text>The attempted exercise is manifestly contrary to the terms of the trust, unless expressly waived in writing by the settlor; or</text>
        </level>
        <level label="2">
          <text>The trustee knows the attempted exercise would constitute a breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>A beneficiary that holds a power to direct, consent to, or disapprove of a trustee action may not be treated as a fiduciary with respect to the exercise of the power to the extent that the only persons whose interests in the trust are affected by the decision of the beneficiary are the beneficiary and those persons whose interests in the trust are subject to control by the beneficiary through the exercise of a power of appointment.</text>
    </level>
    <level label="3">
      <text>An adviser under this subsection is liable for a loss that results from breach of a fiduciary duty.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>If the terms of a trust require that a trustee shall follow the direction of an adviser with respect to proposed investment decisions, distribution decisions, or other decisions of the trustee:</text>
      <level label="i">
        <text>The trustee shall act in accordance with the direction of the adviser and may not be liable for a loss resulting directly or indirectly from the act except in the case of willful misconduct on the part of the trustee; and</text>
      </level>
      <level label="ii">
        <text>The trustee shall have no duty to:</text>
        <level label="1">
          <text>Monitor the conduct of the adviser;</text>
        </level>
        <level label="2">
          <text>Provide advice to the adviser; or</text>
        </level>
        <level label="3">
          <text>Communicate with, warn, or apprise a beneficiary or third party concerning instances in which the trustee would or might have exercised the discretion of the trustee in a manner different from the manner directed by the adviser.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>Absent a preponderance of the evidence to the contrary, the actions of the trustee pertaining to matters within the scope of the authority of the adviser, such as confirming that the directions of the adviser have been carried out and recording and reporting actions taken at the direction of the adviser, shall be presumed to be administrative actions taken by the trustee solely to allow the trustee to perform those duties assigned to the trustee by the terms of the trust, and these administrative actions may not be deemed to constitute an undertaking by the trustee to monitor the adviser or otherwise participate in actions within the scope of the authority of the adviser.</text>
    </level>
  </level>
  <level label="d">
    <text>Unless the terms of a trust otherwise provide, an adviser that is given authority with respect to investment decisions has the power to perform the following:</text>
    <level label="1">
      <text>Direct the trustee with respect to the retention, purchase, sale, or encumbrance of the trust property and the investment and reinvestment of principal and income from the trust;</text>
    </level>
    <level label="2">
      <text>Vote proxies for securities held in trust; and</text>
    </level>
    <level label="3">
      <text>Select one or more investment advisers, managers, or counselors, including the trustee, and delegate to the advisers, managers, or counselors a power of the adviser.</text>
    </level>
  </level>
  <level label="e">
    <text>The terms of a trust may confer on a trustee or other person a power to direct the modification or termination of the trust.</text>
  </level>
</section>
