abstract:The Uniform Trust Code is a model law in the United States, which although not binding, is influential in the states, and used by many as a model law. As of July 2012, 25 states have adopted some substantive form of the UTC with three others having introduced it into the legislature for adoption.
The UniformTrustCode provides some guidance when it states that any individual providing direction to a trustee is fiduciary per se. (Footnote 4) Contrast this with Alaska and Arizona, whose statutes state that a trust protector shall not be treated as a fiduciary unless the trust instrument provides for such treatment.