72-34-517. Nonliability for refusing to follow directions under revocable trust. A trustee of a revocable trust is not liable for refusing to follow directions from a person holding the power to revoke, including a person to whom the power to direct the trustee is delegated, if in accordance with the trust instrument, the person holding the power is determined to be incompetent, as that or any similar term or phrase is defined in the trust instrument, or, in the absence of a provision in the trust instrument, if the trustee reasonably believes that the person holding the power is incompetent.

     History: En. Sec. 36, Ch. 592, L. 1995.