A.__Waiving or modifying such duties as to all qualified beneficiaries except the settlor's surviving spouse during the lifetime of the settlor or the lifetime of the settlor's surviving spouse; and

B.__Designating a person or persons, any of whom may or may not be a beneficiary, to act in good faith to protect the interests of the qualified beneficiaries who are not receiving notice, information or reports and to receive any notice, information or reports required under section 813, subsection 1 or 2 in lieu of providing such notice, information or reports to the qualified beneficiaries.__The person or persons designated under this paragraph are deemed to be representatives of the qualified beneficiaries not receiving notice, information or reports for the purposes of the time limitation for a beneficiary to commence an action against the trustee for breach of trust as provided in section 1005, subsection 1.

REVISED MAINE COMMENT §105

Subsection 2, paragraph H has been changed by adding the word "qualified" before "beneficiary". The change is consistent with section 813, subsection 1, which, as adopted in Maine, requires that a trustee respond to a "qualified beneficiary's" request for trustee's reports and other information reasonably related to the administration of a trust. Notwithstanding the trustee's duty under section 813, subsection 2, paragraphs B and C to provide qualified beneficiaries with notice of certain information about the trust, under subsection 105, subsection 2, paragraph H a settlor may, by the terms of the trust, prohibit the trustee from notifying a qualified beneficiary who has not yet attained 25 years of age, of the existence of the trust, of the identity of the trustee and of the qualified beneficiary's right to request trustee reports. However, once a qualified beneficiary attains 25 years of age, the only way the qualified beneficiary may be "kept in the dark" as to the existence of the trust is for the settlor to name a person or persons to receive trustee reports on behalf of the qualified beneficiary as provided in subsection 3. The "protector" named in subsection 3 must act in good faith to protect the interests of the qualified beneficiary on whose behalf the protector is receiving trust information. Subsection 3 is not a uniform provision of the Uniform Trust Code. Maine added subsection 3 as a means to provide settlors with an option to prevent disclosure of the existence of the trust and details of the trust administration to