Quasi-Fiduciary

In many sophisticated trust documents, positions other than trustee are provided for. These may include a trust protector or trust adviser (someone who might be authorized to change trustees or the state law that governs trusts), a trust investment adviser (who manages trust assets), a distribution committee (makes distribution decisions) and perhaps others. Sometimes these persons are referred to as “quasi-fiduciaries” in that their roles are not as broad as a trustee’s role. The term “quasi-fiduciary” should be used carefully, as a trust protector, for example, might be as much of a fiduciary as a trustee.