# Estates and Trusts (GET)

## Title 14. Trusts

### Subtitle 6. Maryland Trust Decanting Act

#### Section 14-615

An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person the power to remove or replace the authorized fiduciary unless:

(1) If the modification applies only to the person, the person holding the power consents to the modification in a signed record;

(2) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

(3) A court approves the modification and the modification grants a substantially similar power to another person.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)