1. (a) Subject to subsection (b) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under § 19-2106(b)(1), and the trustee is not liable for the action.
2. (b) A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction or further power under § 19-2106(b)(1) to the extent that by complying the trustee would engage in willful misconduct.

3. (c) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:

   1. (1) The breach involved the trustee's or other director's willful misconduct;
   2. (2) The release was induced by improper conduct of the trustee or other director in procuring the release; or
   3. (3) At the time of the release, the director did not know the material facts relating to the breach.
4. (d) A directed trustee that has reasonable doubt about its duty under this section may petition the Superior Court of the District of Columbia for instructions.
5. (e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.

History

Mar. 21, 2025, D.C. Law 25-298, § 2(c)