Section 808. Powers to direct
(a) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
(b) If the terms of a trust confer upon a person, other than the settlor of a revocable trust, power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power, unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.
(c) A person who holds a power to direct is presumptively a fiduciary who is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct shall be liable for any loss that results from a breach of a fiduciary duty.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 203e - Massachusetts Uniform Trust Code
Article 8 - Duties and Powers of Trustee
Section 801 - Duty to Administer Trust
Section 804 - Prudent Administration
Section 805 - Costs of Administration
Section 806 - Trustee's Skills
Section 807 - Delegation by Trustee
Section 808 - Powers to Direct
Section 809 - Control and Protection of Trust Property
Section 810 - Recordkeeping and Identification of Trust Property
Section 811 - Enforcement and Defense of Claims
Section 812 - Collecting Trust Property
Section 813 - Duty to Inform and Report
Section 814 - Discretionary Powers; Tax Savings
Section 815 - General Powers of Trustee