1. (a) An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:

   1. (1) The person holding the power consents to the modification in a signed record and the modification applies only to the person;
   2. (2) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
   3. (3) The court approves the modification and the modification grants a substantially similar power to another person.

History

Mar. 7, 2025, D.C. Law 25-266, § 2(b)