Code Section Group

Probate Code - PROB

DIVISION 2. GENERAL PROVISIONS [100 - 890]

  ( Division 2 enacted by Stats. 1990, Ch. 79. )

PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388]

  ( Part 11 enacted by Stats. 1990, Ch. 79. )

CHAPTER 3. Delegation of Powers [380 - 388]

  ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

ARTICLE 1. Delegation by Fiduciary [380 - 383]
  ( Article 1 enacted by Stats. 1990, Ch. 79. )

380.
  

(a) A fiduciary who is or will be engaged in war service may delegate the fiduciary’s powers, including discretionary powers, to a fiduciary who is not engaged in war service. Delegation may be made for the period during which the original fiduciary is engaged in war service and not to exceed six months following the expiration of that period.

(b) Approval of the court, on petition of the original fiduciary, the delegate, or an interested person, is required for delegation.

(Enacted by Stats. 1990, Ch. 79.)

381.
  

The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the original fiduciary.

(Enacted by Stats. 1990, Ch. 79.)

382.
  

After the expiration of the original fiduciary’s war service, the court may, on petition of the original fiduciary, authorize the original fiduciary to resume the exercise of the fiduciary functions, and the delegated powers cease.

(Enacted by Stats. 1990, Ch. 79.)

383.
  

The original fiduciary is not liable for the acts or omissions of the delegate.

(Enacted by Stats. 1990, Ch. 79.)

PROBProbate Code - PROB1