What Is a Trust Protector in California? Role, Powers, and Benefits

Modern estate plans often include flexible tools to adapt to future changes, and one of the most powerful tools is the trust protector. While not a traditional part of older trusts, trust protectors are becoming increasingly common in California estate planning, especially in irrevocable trusts or dynasty trusts designed to last decades or generations.

In this post, we’ll explain what a trust protector is, how they function under California law, and why you might consider including one in your trust.

What Is a Trust Protector?

A trust protector is a third party appointed in a trust document to oversee and safeguard the trust, typically with powers to intervene when things go wrong or when changes in law or family circumstances require adjustments. The trust protector is not a trustee but can be given powers that affect how the trustee carries out their duties.

Unlike the trustee, who actively manages the trust’s day-to-day operations, the trust protector acts more like a supervisor, advisor, or enforcer, ensuring the trust is administered according to the settlor’s original intent.

Is a Trust Protector Legal in California?

Yes. While the California Probate Code does not have a dedicated statute defining "trust protector," California recognizes the role under the general rule that a trust can grant powers to anyone the settlor chooses, as long as it does not violate public policy or statutory restrictions.

California Probate Code § 16000:“A trustee shall administer the trust according to the trust instrument…” This means if a trust document grants powers to a trust protector, those powers are valid and enforceable.

What Powers Can a Trust Protector Have?

A trust protector’s powers are entirely defined by the language in the trust document. Common powers include:

• Removing and replacing trustees

• Amending the trust to comply with changes in tax or trust law

• Vetoing or approving trustee decisions

• Changing the trust’s situs (legal jurisdiction)

• Resolving disputes between beneficiaries and trustees

• Adding or removing beneficiaries (in special circumstances)

• Approving or adjusting distributions

⚠️ Note: A trust protector does not have fiduciary duties under California law by default, but a trust can impose them. This distinction can affect liability.

Why Include a Trust Protector in a California Trust?

✅ 1. Flexibility

Trust protectors allow a trust to evolve with tax laws, family dynamics, or financial situations, without going to court.

✅ 2. Trustee Oversight

They provide a level of checks and balances over the trustee, especially when the trust is expected to last many years.

✅ 3. Conflict Resolution

In the event of family disputes, a neutral third-party trust protector can help avoid litigation by exercising discretionary powers.

✅ 4. Court Avoidance

Trust protectors can help implement necessary changes (such as correcting errors or updating terms) without requiring court modification proceedings.

Who Can Serve as a Trust Protector?

A trust protector can be:

• An attorney or CPA

• A family friend or trusted advisor

• A professional fiduciary

• Even a committee of individuals

To avoid conflicts of interest, it’s typically not advisable for the trustee or beneficiary to also serve as the trust protector unless carefully structured.

Trust Protector vs. Trustee: What’s the Difference?

Role	Trustee	Trust Protector
Manages assets	✅ Yes	❌ No
Fiduciary duty	✅ Yes	❌ Not by default (unless specified)
Day-to-day duties	✅ Yes	❌ Typically limited to major decisions
Appointed by	Trust document	Trust document
Powers defined by	Law + Trust document	Trust document only

When Should You Consider Appointing a Trust Protector?

A trust protector is especially useful in:

• Irrevocable trusts

• Long-term or dynasty trusts

• Special needs trusts

• Trusts with beneficiaries who are minors

• Situations with complex family relationships or potential disputes

Final Thoughts

A trust protector adds a valuable layer of oversight and flexibility to a California trust. While not required, they are often advisable for more complex or long-term estate plans. The key to a successful trust protector role is clear, specific drafting in the trust document to outline powers, limits, and successor arrangements.

If you're considering including a trust protector in your estate plan, consult an experienced California estate planning attorney to ensure the role is properly structured and legally enforceable.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.