350 – 388: Fiduciaries’ Wartime Substitution Law
During times of war, individuals serving their country often hold fiduciary roles—managing trusts, estates, or other responsibilities on behalf of others. California’s Fiduciaries’ Wartime Substitution Law ensures that these individuals can fulfill their patriotic duties without jeopardizing their legal responsibilities. This set of rules provides a safety net for the seamless substitution, delegation, and resumption of fiduciary and consultant duties when war service intervenes.
370 – 374: Appointment of Substitute Fiduciary
If a fiduciary becomes unavailable due to war service, a court can appoint a substitute upon petition by the fiduciary, a cofiduciary, or any interested party. Alternatively, if there’s an acting cofiduciary, the court can empower them with full authority. Substitute fiduciaries are granted nearly identical powers and responsibilities, except those deemed personal to the original fiduciary. They may also be required to post a bond. Once the original fiduciary’s war service ends, they may petition to resume duties, with the substitute discharged accordingly.
380 – 388: Delegation of Powers
Fiduciaries and consultants anticipating war service can delegate their responsibilities to a qualified replacement, subject to court approval. This delegation can extend for the duration of war service and for up to six additional months. Courts may limit delegation of powers deemed strictly personal. Once the fiduciary or consultant returns, they may petition to resume duties, and all delegated powers cease. Neither the original fiduciary nor the consultant is liable for acts performed by their delegate, provided the delegation followed legal procedures.
Key Takeaways
- Fiduciaries engaged in war service can be temporarily replaced to ensure continuity of legal duties.
- Courts may appoint substitute fiduciaries or authorize delegation to cofiduciaries or other qualified individuals.
- Substitute fiduciaries have nearly all the powers of the original fiduciary but must follow the court’s instructions.
- Delegated powers automatically cease when the original fiduciary returns and successfully petitions to resume duties.
- The law protects both the fiduciary and their replacement from legal liability when proper procedures are followed.
California’s Fiduciaries’ Wartime Substitution Law reflects a thoughtful balance between honoring military service and maintaining fiduciary responsibilities. By allowing courts to appoint substitutes or authorize delegation, the law ensures that estates and trusts are not neglected when duty calls. This flexibility provides peace of mind for fiduciaries and confidence for those who depend on their care.