Can a trustee delegate to someone else to handle his responsibilities if the trust says he can?

Asked about 3 years ago - Rochester, NY

Do you just need a power of attorney to do it?

Attorney answers (4)

  1. Sharon Melissa Siegel

    Pro

    Contributor Level 14

    Answered . The answer is yes, if the trust says so. However, if the trustee can't act or fails to act (as opposed to hiring a professional), you may need to consider removal and appointment of a successor trustee.
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  2. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . It depends on the duties and what the Trust states, but generally a trustee would be required to hire some professionals to carry out their duties if specialized knowledge is required, e.g., preparation of taxes. There does not need to be a POA, the trustee can just hire someone. Giving a POA does not absolve the trustee of their duties, so hiring someone does not let the trustee ignore what future actions are taken by that agent.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more
  3. Michael G Stuart

    Pro

    Contributor Level 8

    Answered . I agree with all the answers. As long as the trust allows for delegation, trustee duties can be delegated. Usually the trust will indicate that some writing evidence that the delegation takes place, but it is not normally a power of attorney. The Power of Attorney might authorize others to take action, again if it was authorized by the trust to establish a power of attorney and to delegate rights.

    Any advice contained in this message was not written and is not intended to be used, and cannot be used, by any... more
  4. Steven J. Fromm

    Contributor Level 20

    Answered . I agree with both of the attorneys. Also, if the trust allows the trustee to appoint a successor trustee under the terms of the trust, then the trustee could resign after naming such successor trustee.

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