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Power of attorney for trustee of land.

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Power of attorney for trustee of land.

Postby shootist » Mon May 11, 2015 10:31 am

If a trustee, one of, say, four, is finding his duties somewhat onerous, can he/she appoint someone as an agent or even grant a power of attorney to someone else for them to conduct all of the business of a trustee?
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Re: Power of attorney for trustee of land.

Postby theycantdothat » Mon May 11, 2015 11:31 am

shootist wrote:If a trustee, one of, say, four, is finding his duties somewhat onerous, can he/she appoint someone as an agent or even grant a power of attorney to someone else for them to conduct all of the business of a trustee?


Not sure what the curent law is. However, if a trustee is finding the duties onerous best to resign and appoint a replacement.
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Re: Power of attorney for trustee of land.

Postby atticus » Mon May 11, 2015 12:44 pm

I think that is the answer. Trusteeship cannot usually be delegated.
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Re: Power of attorney for trustee of land.

Postby shootist » Mon May 11, 2015 4:56 pm

Many thanks for the answers above. One more question, who decided on the replacement trustee, especially if there is dissent among the owners? Can the trustee put someone in place of their choice?
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Re: Power of attorney for trustee of land.

Postby dls » Mon May 11, 2015 5:08 pm

"Delegatus non potest delegare"

The trust deed will often say how new trustees are to be chosen and appointed. A retiring trustee should normally have no say.
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