                                 CODE OF VIRGINIA

DUTY AND LIABILITY OF TRUST DIRECTOR (§ 64.2-779.31)

A. Subject to subsection B, with respect to a power of direction or further
power under subdivision B 1 of § 64.2-779.29:

   1. A trust director has the same fiduciary duty and liability in the exercise
   or nonexercise of the power:
   				a. If the power is held individually, as a sole trustee in a like position
   and under similar circumstances; or
   				b. 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

   2. The terms of the trust may vary the trust director&#8217;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. 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&#8217;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. 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.

HISTORY: 2020, c. 768.