{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-779.31.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-779.31.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-779.31.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-779.31.html"}],"law_id":71632,"edition_id":1,"section_id":71632,"structure_id":12726,"section_number":"64.2-779.31","catch_line":"Duty and liability of trust director","history":"2020, c. 768.","full_text":"A\n\nSubject to subsection B, with respect to a power of direction or further power under subdivision B 1 of \u00a7 64.2-779.29:1\n\nA trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:\n\t\t\t\ta. If the power is held individually, as a sole trustee in a like position and under similar circumstances; or\n\t\t\t\tb. If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and2\n\nThe terms of the trust may vary the trust director’s duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.B\n\nUnless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this article to provide health care in the ordinary course of the trust director’s business or practice of a profession, to the extent the trust director acts in that capacity, the trust director has no duty or liability under this article.C\n\nThe terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities imposed under this section.","order_by":null,"text":{"0":{"id":258147,"text":"Subject to subsection B, with respect to a power of direction or further power under subdivision B 1 of \u00a7 64.2-779.29:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":258148,"text":"A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:\n\t\t\t\ta. If the power is held individually, as a sole trustee in a like position and under similar circumstances; or\n\t\t\t\tb. If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":258149,"text":"The terms of the trust may vary the trust director’s duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":258150,"text":"Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this article to provide health care in the ordinary course of the trust director’s business or practice of a profession, to the extent the trust director acts in that capacity, the trust director has no duty or liability under this article.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":258151,"text":"The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities imposed under this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12726,"edition_id":1,"name":"Uniform Directed Trust Act","identifier":"8.2","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":274631,"object_type":"structure","relational_id":12726,"identifier":"8.2","token":"64.2\/III\/7\/8.2","url":"\/64.2\/III\/7\/8.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12725,"edition_id":1,"name":"Uniform Trust Code","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":12724,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":274107,"object_type":"structure","relational_id":12725,"identifier":"7","token":"64.2\/III\/7","url":"\/64.2\/III\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12724,"edition_id":1,"name":"Trusts","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":273811,"object_type":"structure","relational_id":12724,"identifier":"III","token":"64.2\/III","url":"\/64.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70126,"structure_id":12726,"section_number":"64.2-779.26","catch_line":"Definitions","url":"\/64.2-779.26\/","token":"64.2\/III\/7\/8.2\/64.2-779.26","metadata":false},{"id":64385,"structure_id":12726,"section_number":"64.2-779.27","catch_line":"Application","url":"\/64.2-779.27\/","token":"64.2\/III\/7\/8.2\/64.2-779.27","metadata":false},{"id":53942,"structure_id":12726,"section_number":"64.2-779.28","catch_line":"Exclusions","url":"\/64.2-779.28\/","token":"64.2\/III\/7\/8.2\/64.2-779.28","metadata":false},{"id":61542,"structure_id":12726,"section_number":"64.2-779.29","catch_line":"Powers of trust director","url":"\/64.2-779.29\/","token":"64.2\/III\/7\/8.2\/64.2-779.29","metadata":false},{"id":72926,"structure_id":12726,"section_number":"64.2-779.30","catch_line":"Limitations on trust director","url":"\/64.2-779.30\/","token":"64.2\/III\/7\/8.2\/64.2-779.30","metadata":false},{"id":71632,"structure_id":12726,"section_number":"64.2-779.31","catch_line":"Duty and liability of trust director","url":"\/64.2-779.31\/","token":"64.2\/III\/7\/8.2\/64.2-779.31","metadata":false},{"id":60365,"structure_id":12726,"section_number":"64.2-779.32","catch_line":"Duty and liability of directed trustee","url":"\/64.2-779.32\/","token":"64.2\/III\/7\/8.2\/64.2-779.32","metadata":false},{"id":82273,"structure_id":12726,"section_number":"64.2-779.33","catch_line":"Duty to provide information to trust director or trustee","url":"\/64.2-779.33\/","token":"64.2\/III\/7\/8.2\/64.2-779.33","metadata":false},{"id":56442,"structure_id":12726,"section_number":"64.2-779.34","catch_line":"No duty to monitor, inform, or advise","url":"\/64.2-779.34\/","token":"64.2\/III\/7\/8.2\/64.2-779.34","metadata":false},{"id":71421,"structure_id":12726,"section_number":"64.2-779.35","catch_line":"Limitation of action against trust director","url":"\/64.2-779.35\/","token":"64.2\/III\/7\/8.2\/64.2-779.35","metadata":false},{"id":60217,"structure_id":12726,"section_number":"64.2-779.36","catch_line":"Defenses in action against trust director","url":"\/64.2-779.36\/","token":"64.2\/III\/7\/8.2\/64.2-779.36","metadata":false},{"id":64434,"structure_id":12726,"section_number":"64.2-779.37","catch_line":"Jurisdiction over trust director","url":"\/64.2-779.37\/","token":"64.2\/III\/7\/8.2\/64.2-779.37","metadata":false},{"id":55343,"structure_id":12726,"section_number":"64.2-779.38","catch_line":"Office of trust director","url":"\/64.2-779.38\/","token":"64.2\/III\/7\/8.2\/64.2-779.38","metadata":false}],"previous_section":{"id":72926,"structure_id":12726,"section_number":"64.2-779.30","catch_line":"Limitations on trust director","url":"\/64.2-779.30\/","token":"64.2\/III\/7\/8.2\/64.2-779.30","metadata":false},"next_section":{"id":60365,"structure_id":12726,"section_number":"64.2-779.32","catch_line":"Duty and liability of directed trustee","url":"\/64.2-779.32\/","token":"64.2\/III\/7\/8.2\/64.2-779.32","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-779.31\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 768<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":274653,"object_type":"law","relational_id":71632,"identifier":"64.2-779.31","token":"64.2\/III\/7\/8.2\/64.2-779.31","url":"\/64.2-779.31\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-779.31\/","token":"64.2\/III\/7\/8.2\/64.2-779.31","dublin_core":{"Title":"Duty and liability of trust director","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-779.31","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subject to subsection B, with respect to a power of direction<\/span> or further power under subdivision B 1 of \u00a7 64.2-779.29<\/a>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A trust director<\/span> has the same fiduciary<\/span> duty and liability in the exercise or nonexercise of the power:\n\t\t\t\ta. If the power is held individually, as a sole trustee<\/span> in a like position and under similar circumstances; or\n\t\t\t\tb. If the power is held jointly with a trustee<\/span> or another trust director<\/span>, as a cotrustee in a like position and under similar circumstances; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The terms of the trust may vary the trust director<\/span>’s duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee<\/span> in a like position and under similar circumstances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless the terms of a trust provide otherwise, if a trust director<\/span> is licensed, certified, or otherwise authorized or permitted by law<\/span> other than this article to provide health care in the ordinary course of the trust director<\/span>’s business or practice of a profession, to the extent the trust director<\/span> acts in that capacity, the trust director<\/span> has no duty or liability under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The terms of a trust may impose a duty or liability on a trust director<\/span> in addition to the duties and liabilities imposed under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY AND LIABILITY OF TRUST DIRECTOR (\u00a7 64.2-779.31)\n\nA. Subject to subsection B, with respect to a power of direction or further\npower under subdivision B 1 of \u00a7 64.2-779.29:\n\n 1. A trust director has the same fiduciary duty and liability in the exercise\n or nonexercise of the power:\n \t\t\t\ta. If the power is held individually, as a sole trustee in a like position\n and under similar circumstances; or\n \t\t\t\tb. If the power is held jointly with a trustee or another trust director,\n as a cotrustee in a like position and under similar circumstances; and\n\n 2. The terms of the trust may vary the trust director’s duty or\n liability to the same extent the terms of the trust could vary the duty or\n liability of a trustee in a like position and under similar circumstances.\n\nB. Unless the terms of a trust provide otherwise, if a trust director is\nlicensed, certified, or otherwise authorized or permitted by law other than this\narticle to provide health care in the ordinary course of the trust\ndirector’s business or practice of a profession, to the extent the trust\ndirector acts in that capacity, the trust director has no duty or liability\nunder this article.\n\nC. The terms of a trust may impose a duty or liability on a trust director in\naddition to the duties and liabilities imposed under this section.\n\nHISTORY: 2020, c. 768.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}