Irrevocable trusts can solve real problems, but they also “lock in” decisions. That rigidity shows up later, when tax rules shift, a beneficiary’s needs change, or a trustee hits a conflict they cannot easily work around. Trust protectors and distribution committees offer a practical middle path: You keep the trust irrevocable, but you build in limited, third-party decision-making that can respond to real life.

What A Trust Protector Actually Does

A “trust protector” (Mississippi statutes also use “trust advisor”) is someone other than the trustee who holds specific powers under the trust document. Mississippi law allows one person or a committee to serve in that role.

The trust can grant targeted powers, such as:

  • Changing governing law or the trust’s principal place of administration
  • Appointing successors
  • Removing and replacing trustees (if the document allows)
  • Making amendments that respond to tax-law changes

Mississippi also allows powers tied to distributions and investments, including the ability to veto or direct a distribution or direct the acquisition or retention of an investment. (Justia)

Distribution Committees and “Directed” Trust Decisions

A distribution committee usually means multiple decision-makers who approve or direct discretionary payments to beneficiaries. That structure can reduce family tension because one trustee does not carry every hard call alone. Mississippi explicitly permits a committee structure for a trust protector or advisor.

Directed decision-making also raises a key operational question: What does the trustee do when someone else “calls the play”? Mississippi addresses that issue by limiting the monitoring duties of an excluded fiduciary when the trust requires the trustee to follow another person’s direction on distributions or investments, unless the trust says otherwise.

Mississippi also makes clear that a person who accepts an appointment as a trust protector or advisor submits to Mississippi court jurisdiction for disputes tied to their decisions.

Drafting Guardrails That Keep Flexibility From Becoming Chaos

Flexibility works best when the document draws bright lines. You want a clear scope (what the protector can and cannot do), a process for replacing the protector, conflict-of-interest rules, and a paper trail for major decisions. Mississippi also sets tight time limits for certain breach-of-trust claims involving trust protectors or advisors, which makes good reporting and recordkeeping matter.

If you live in Mississippi and you want an irrevocable trust to stay durable without feeling frozen, call O’Brien Law Firm, LLC, at 662-672-7619 or use our contact form.

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