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Fla. Stat. § 736.0103(16) – Florida Statutes

Text of Fla. Stat. § 736.0103(16)

“Power of direction” means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property; a power to amend a trust instrument or terminate a trust; or a power over other matters of trust administration. The term excludes the powers excluded from part XIV of this chapter under s. 736.1405(2).

History of Fla. Stat. § 736.0103(16)

Fla. Stat. § 736.0103(16) has been used to define other terms in the trust code at different points. For example, paragraph 16 once defined the term “qualified beneficiary.” However, in 2021, Fla. Stat. § 736.0103 was amended to complement the Florida Uniform Directed Trust Act, which was added to the Florida Trust Code that same year. At that point, paragraph 16 was amended to define “Power of direction,” a term of importance to the Florida Uniform Directed Trust Act.