State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 385-388

PROBATE CODE
SECTION 385-388



385.  (a) A consultant who is or will be engaged in war service may
delegate the powers of the consultant, including discretionary
powers, to a coconsultant who is not engaged in war service, or to
the trustee administering the trust. The procedure for delegation by
a fiduciary governs delegation by a consultant.
   (b) The right of delegation does not exist to the extent the court
determines that powers to be delegated are purely personal to the
consultant. These powers are suspended until their exercise is
resumed pursuant to this article.


386.  If a consultant who is engaged in war service does not
delegate the consultant's powers, the court, on petition of the
trustee or an interested person, may do either of the following:
   (a) Suspend the consultant's powers for the period of the
consultant's war service and not to exceed six months following the
expiration of that period.
   (b) Confer the powers, except discretionary powers that the court
determines are purely personal to the consultant, on a coconsultant
designated in the trust, the trustee, or any other qualified person.



387.  If a consultant has delegated or the court has suspended the
powers of the consultant, the court may, on petition by the
consultant within six months following the expiration of the period
of the consultant's war service, authorize the consultant to resume
the exercise of the consultant's functions. All powers delegated to
or conferred on other persons thereupon cease.



388.  A consultant who delegates powers under this article is not
liable for the acts or omissions of the delegate.