Georgia Code
Article 18 - Trust Directors
§ 53-12-504. Directed Trustees; Role; Trustee’s Duty as to Directed Trustee; Petitioning Court for Instructions

History. Code 1981, § 53-12-504 , enacted by Ga. L. 2018, p. 262, § 25/HB 121; Ga. L. 2020, p. 377, § 1-91/HB 865.
The 2020 amendment, effective January 1, 2021, in subsection (a), substituted “an act committed in bad faith” for “willful misconduct” and added the last sentence; in subsection (b), substituted “For purposes of subsection (a)” for “Subject to subsection (e)”, substituted “direction from a trust director shall be within the scope of the trust director’s powers of direction if the directed trustee believes in good faith that the direction is within the trust director’s powers of direction” for “shall: (1) Account at least annually to a trust director as if the trust director were a qualified beneficiary of an irrevocable trust to whom income is required or authorized in the trustee’s discretion to be distributed; and (2) Respond to reasonable requests from a trust director for information to the extent such information is relevant to the party’s interest in or trust director’s powers and duties regarding the trust”; added subsections (c) and (h) and redesignated former subsections (c) through (g) as subsections (d) through (g) and (i); substituted “acts in bad faith” for “engages in willful misconduct” in subsection (d); in subsection (f), substituted “subsection (c) of this Code section” for “subsection (b) of this Code Section” in subparagraph (f)(1)(B), substituted “If compliance with a direction from the trust director would constitute an act committed in bad faith, take any action in response to such direction” for “Take any action in response to willful misconduct by the trust director” in subparagraph (f)(1)(D), substituted “from” for “than” in subparagraph (f)(1)(G), and substituted “this subsection” for “this Code section” in paragraph (f)(2); and substituted “in bad faith or by” for “by willful misconduct or” in subsection (g).
Law reviews.
For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).

Structure Georgia Code