Section § 16200

Explanation

A trustee can make certain decisions and take actions without needing court approval. They can use the powers granted by the trust document itself and, unless the document says otherwise, the powers given by law. Additionally, they can do anything necessary to manage the trust according to specific care standards.

A trustee has the following powers without the need to obtain court authorization:
(a)CA Probate Code § 16200(a) The powers conferred by the trust instrument.
(b)CA Probate Code § 16200(b) Except as limited in the trust instrument, the powers conferred by statute.
(c)CA Probate Code § 16200(c) Except as limited in the trust instrument, the power to perform any act that a trustee would perform for the purposes of the trust under the standard of care provided in Section 16040 or 16047.

Section § 16201

Explanation

This law section states that courts can still change or lift any limits placed on a trustee's actions, even if these limits are written in the trust document.

This chapter does not affect the power of a court to relieve a trustee from restrictions on the exercise of powers under the trust instrument.

Section § 16202

Explanation

This law clarifies that just because a trustee is given certain powers, it doesn't automatically mean they must use those powers. Using those powers is up to the trustee, but when they do, they must always follow their fiduciary duties, which means acting in the best interest of the trust's beneficiaries.

The grant of a power to a trustee, whether by the trust instrument, by statute, or by the court, does not in itself require or permit the exercise of the power. The exercise of a power by a trustee is subject to the trustee’s fiduciary duties.

Section § 16203

Explanation

This law section states that if a document references old trustee powers from an outdated law, those references should now be understood to refer to the current law, specifically starting with Section 16220. The powers of trustees from the old law are still valid, and trustees don’t need court approval to use those powers if it wasn’t needed before.

An instrument that incorporates the powers provided in former Section 1120.2 (repealed by Chapter 820 of the Statutes of 1986) shall be deemed to refer to the powers provided in Article 2 (commencing with Section 16220). For this purpose, the trustee’s powers under former Section 1120.2 are not diminished and the trustee is not required to obtain court approval for exercise of a power for which court approval was not required by former law.