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As a general rule, a trustee may not delegate discretionary functions to an agent, because those responsibilities were appointed to the trustee by the grantor. Only the trustee can act for the trust. A trustee may, however, delegate ministerial functions.
Power of delegation ? a trustee is able to instruct professional advisers where necessary and appropriate. Power of insurance ? a trustee has the power to insure any trust asset against damage. Power of advancement ? a trustee has discretion to advance capital of the trust to a beneficiary.
1213. Trust for beneficiary with disability. beneficiary of the first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated incompetent.
There are two main types of trustees: individuals or institutions. You could choose a relative or friend, a trusted advisor such as a lawyer, or a bank/trust company as the trustee of your trust. Each option has different pros and cons. When you choose an individual, you get the benefit of personal interaction.
The trustee has the power to collect, hold, and retain trust property received from a settlor or any other person until, in the judgment of the trustee, disposition of the property should be made. The property may be retained even though it includes property in which the trustee is personally interested.