What is a trust protector?

A trust protector is an individual appointed to oversee the administration of a particular trust. This role is typically established in trusts that are designated for the benefit of a minor or someone who is elderly or incapacitated. The primary responsibility of the trust protector is to ensure that the funds are being used according to the trust’s provisions and intent. In California, the trust protector may be given additional powers by the trust’s creator, such as the authority to amend the terms of the trust, appoint or remove trustees, or respond to creditor claims against the trust. This can provide an additional layer of protection and assurance that the trust’s provisions are being followed and the trust’s beneficiaries are receiving the intended benefit. The trust protector may also be responsible for monitoring the performance of the trustee, who is the individual charged with administering the trust in accordance with its terms. In the case of an elderly or incapacitated beneficiary, the trust protector may also be responsible for ensuring that the beneficiary’s welfare is being maintained, such as providing access to appropriate medical treatment or other services.

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