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Designing Trust Protectors and Their Powers (2012)
Keynote session from the 2012 Annual National Conference. Presented by Craig Reaves, CELA, CAP. 1 hour. Utilizing Trust Protectors and Trust Advisors, especially in special needs trust, is becoming popular. However, the powers chosen and the clauses used are often not well thought out and coordinated. This can lead to litigation and unintended liabilities. This session will provide a method to organize and categorize the potential trust protector powers so the drafting attorney will be better equipped to know which powers are appropriate to use in a give situation. It will also help the drafting attorney understand when a trust protector will be held to a fiduciary standard.
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