72-40-111. Limitations on trust director. A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under 72-40-110(2)(a) regarding:
(1) a payback provision in the terms of a trust necessary to comply with the reimbursement requirements of medicaid law in section 1917 of the Social Security Act, 42 U.S.C. 1396p(d)(4)(A), as amended, and regulations issued under it, as amended; and
(2) a charitable interest in the trust, including notice regarding the interest to the attorney general.
History: En. Sec. 7, Ch. 325, L. 2021.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 40. Uniform Directed Trust Act
72-40-103. Application -- principal place of administration
72-40-104. Common law and principles of equity
72-40-106. through 72-40-109 reserved
72-40-110. Powers of trust director
72-40-111. Limitations on trust director
72-40-112. Duty and liability of trust director
72-40-113. Duty and liability of directed trustee
72-40-114. Duty to provide information to trust director or trustee
72-40-115. No duty to monitor, inform, or advise
72-40-116. Application to cotrustee
72-40-117. Limitation of action against trust director
72-40-118. Defenses in action against trust director
72-40-119. Jurisdiction over trust director
72-40-120. Office of trust director
72-40-121. Uniformity of application and construction
72-40-122. Relation to electronic signatures in global and national commerce act