(760 ILCS 3/1209)

Sec. 1209. Court involvement.

(a) On application of an authorized fiduciary, a person entitled to notice under Section 1207(c), a beneficiary, or, with respect to a charitable interest, the Attorney General or any other person that has standing to enforce the charitable interest, the court may:

(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this Article and consistent with the fiduciary duties of the authorized fiduciary;

(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this Article and to exercise the decanting power;

(3) approve an exercise of the decanting power;

(4) determine that a proposed or attempted exercise of the decanting power is ineffective because:

(A) after applying Section 1222, the proposed or attempted exercise does not or did not comply with this Article; or

(B) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;

(5) determine the extent to which Section 1222 applies to a prior exercise of the decanting power;

(6) provide instructions to the trustee regarding the application of Section 1222 to a prior exercise of the decanting power; or

(7) order other appropriate relief to carry out the purposes of this Article.

(b) On application of an authorized fiduciary, the court may approve:

(1) an increase in the fiduciary's compensation under Section 1216; or

(2) a modification under Section 1218 of a provision granting a person the right to remove or replace the fiduciary.

(Source: P.A. 101-48, eff. 1-1-20.)