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 Subsection 75-12-106(2)(a) regarding:
(1)
a payback provision in the terms of a trust necessary to comply with the Medicaid reimbursement requirements in Section 1917 of the Social Security Act, 42 U.S.C. § 1396p(d)(4)(A), as amended, and any related regulations; and
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Terms Used In Utah Code 75-12-107
Power of direction: includes a power over the investment, management, or distribution of trust property or other matters of trust administration. See Utah Code 75-12-102
Terms of a trust: means :
(a)
subject to Subsection (8)(b), the manifestation of the settlor's intent regarding a trust's provisions as:
(i)
expressed in the trust instrument; or
(ii)
established by other evidence that would be admissible in a judicial proceeding; or
(b)
the trust's provisions as established, determined, or amended by:
(i)
a trustee or trust director in accordance with applicable law;
Trust director: means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee, regardless of whether:
(a)
the terms of the trust refer to the person as a trust director; or
(b)
the person is a beneficiary or settlor of the trust. See Utah Code 75-12-102
(2)
a charitable interest in the trust, including notice regarding the interest to the attorney general.
