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Should a Trust Protector serve in a fiduciary capacity?
A fiduciary is a person acting in a position of trust who owes a duty of loyalty to someone else. A trustee is a fiduciary as to the beneficiaries of a trust and owes them many affirmative obligations or duties like loyalty, impartiality, cannot self-deal, etc. But if you name a trust protector should they serve in a fiduciary capacity or would it be better that they don’t. It depends on the specific role of that trust protector, the powers given to them, what is in the trust document and what state law provides. There can be advantages to a trust protector serving in a non-fiduciary capacity as well. But it all really should be determined based on the context of the trust plan and powers given the trust protector.
