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A power of attorney is a legal document that gives another person legal power to make personal decisions on your behalf. A trustee, on the other hand, is a person or company appointed in a trust document to manage and disburse trust property.
To exercise reasonable care and ensure the correct distribution of assets. To provide an income for the beneficiaries and to preserve the value of the capital. The precise powers that a trustee has will be defined by the trust deed and by law.
Section 25 of the Trustee Act 1925 allows a trustee to grant a power of attorney delegating their functions as a trustee to the attorney. Section 25 provides a short form of power by which a single donor can delegate trustee functions under a single trust to a single donee. Trustees can use other forms.
The trustee cannot fail to carry out the wishes and intent of the settlor and cannot act in bad faith, fail to represent the best interests of the beneficiaries at all times during the existence of the trust and fail to follow the terms of the trust. A trustee cannot fail to carry out their duties.
The trustee cannot do whatever they want. They must follow the trust document, and follow the California Probate Code. More than that, Trustees don't get the benefits of the Trust. The Trust assets will pass to the Trust beneficiaries eventually.
All trustees have the power to manage trust assets. This may include the sale and purchase of trust property and making investments. The trustee must decide whether to use its power to manage assets on a case-by-case basis and must only consider relevant factors when deciding to exercise any power.
A trust is a legal arrangement through which one person, called a "settlor" or "grantor," gives assets to another person (or an institution, such as a bank or law firm), called a "trustee." The trustee holds legal title to the assets for another person, called a "beneficiary." The rights of a trust beneficiary depend
If the terms of the trust regarding the trust investments no longer seem reasonable, the trustee can obtain a court order to deviate from the terms of the trust.
Generally speaking, a Trustee (who is not also the Grantor) cannot appoint a Power of Attorney to take over the Trustee's duties or responsibilities, unless this is something that is directly permitted by the Trust Deed or a court order.
1) Duty to Inform Beneficiaries (Section 16060). 2) Duty to Provide Terms of Trust at Beneficiary's Request (Section 16060.7). 3) Duty to Report at Beneficiary's Request (Section 16061).