Powers of TrusteesGeneral Provisions
Section § 16200
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.
Section § 16201
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.
Section § 16202
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.
Section § 16203
This law section states that if a document references old trustee powers from an outdated law, those references should now be understood to refer to the current law, specifically starting with Section 16220.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.