SECTIONS 16200-16203 - California Statutes

PROBATE CODE

SECTION 16200-16203

16200. A trustee has the following powers without the need to
obtain court authorization:
(a) The powers conferred by the trust instrument.
(b) Except as limited in the trust instrument, the powers
conferred by statute.
(c) Except as limited in the trust instrument, the power to
perform any act that a trustee would perform for the purposes of the
trust under the standard of care provided in Section 16040 or 16047.

16201. This chapter does not affect the power of a court to relieve
a trustee from restrictions on the exercise of powers under the
trust instrument.

16202. The grant of a power to a trustee, whether by the trust
instrument, by statute, or by the court, does not in itself require
or permit the exercise of the power. The exercise of a power by a
trustee is subject to the trustee's fiduciary duties.

16203. An instrument that incorporates the powers provided in
former Section 1120.2 (repealed by Chapter 820 of the Statutes of
1986) shall be deemed to refer to the powers provided in Article 2
(commencing with Section 16220). For this purpose, the trustee's
powers under former Section 1120.2 are not diminished and the trustee
is not required to obtain court approval for exercise of a power for
which court approval was not required by former law.