What is a Trust Protector

A Trust Protector is an individual or legal entity that can be given a broad range of authority to make changes in a trust document when those changes cannot be made because of the trust maker’s incapacity or death. Individuals who create trusts are naturally concerned that events occurring years later cannot be anticipated by them. Perhaps a beneficiary may become incapacitated or act in an unexpected or undesirable manner. Maybe a trustee chosen by them will prove to be a poor choice. Perhaps assets will not have the values expected or tax laws may have changed. Fortunately, a Trust Protector can rewrite the terms of a trust in accordance with the authority specified in the trust document. For example, a Trust Protector can be given the power to remove or appoint trustees, amend the document to take advantage of changes in the law, modify the interests of the beneficiaries, or move the trust to a state having more favorable laws governing the administration or taxation of the trust. The Arizona law authorizing trust protectors is  A.R.S. 14-10818.

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