Ohio Code § 5808.08

Ohio Code § 5808.08. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5808.08.

(A) While a trust is revocable, the trustee may follow a direction of the settlor that

is contrary to the terms of the trust. (B) As provided in section 5815.25 of the Revised Code , a trustee is not liable for losses resulting from certain actions or failures to

act when other persons are granted certain powers with respect to the administration

of the trust. (C) The terms of a trust may confer upon a trustee or other person a power to direct

the modification or termination of the trust. (D) Except to the extent otherwise provided by the terms of a trust, a person other than

a beneficiary who holds a power to direct, including, but not limited to, a power

to direct the modification or termination of a trust, is presumptively a fiduciary

who, as a fiduciary, is required to act in good faith with regard to the purposes

of the trust and the interests of the beneficiaries.  The holder of a power to direct is liable for any loss that results from breach

of a fiduciary duty.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 5808.08
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 5808.08?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 5808.08 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 5808.08 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.