Section 30-4-10-48 - Modification of the first-trust instrument An authorized fiduciary must not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:
(1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;(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) the court approves the modification and the modification grants a substantially similar power to another person.Added by P.L. 161-2022,SEC. 3, eff. 7/1/2022.