Oregon Revised Statutes Chapter 130 § 130.685 — UTC
Oregon Revised Statutes Chapter 130 ·
Oregon Code § 130.685·Enacted ·Last updated March 01, 2026
Statute Text
UTC
808. Powers to direct.
(1) While a trust is revocable, the trustee may follow a direction of the
settlor that is contrary to the terms of the trust.
(2) 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 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.
(3) The terms of
a trust may confer upon a trustee or other person a power to direct the
modification or termination of the trust.
(4) A person
other than a beneficiary who holds a power to direct is rebuttably presumed to
be a fiduciary and 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 is liable for any loss that results from breach of a fiduciary duty. [2005
c.348 §66]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 130.685
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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