The Bespoke Trust Protector

bespoke

The use of trust protectors in domestic trusts has exploded in recent years. Their popularity is reflected in the growing body of statutory recognition, extending beyond dedicated directed trust statutes to other states.

Though statutory law is growing in the U.S., there is scant case law to guide practitioners through some of the more challenging issues concerning trust protectors. Moreover, scholars disagree – sometimes stringently – on the propriety of using trust protectors beyond the offshore asset protection trust context. Most importantly, the role of the protector is not a “one-size-fits-all” solution; the role must be tailored to the demands of each client’s plan.

In this session we will:

  • Discuss the potential role of trust protectors in long-term trust design for seniors and their loved ones;
  • Examine U.S. case law and statutory law to understand planning options;
  • Develop a framework for organizing trust protector powers; and
  • Consider important drafting issues for maximum impact