Protector Governance – Due Diligence Questionnaire
1. Governance and Oversight
- Does the firm implement internal governance mechanisms to monitor or review the exercise of Protector powers?
- Are there internal procedures to address situations where a Protector's actions may interfere with trustee discretion?
- How are potential conflicts between the trustee and the Protector identified and managed?
2. Selection of the Protector
- What criteria does the firm apply when recommending or accepting a Protector within a trust structure?
- How is the independence and professional suitability of a proposed Protector assessed?
- Does the firm conduct any due diligence on the Protector before appointment?
3. Periodic Review and Suitability
- Is the role and suitability of the Protector periodically reviewed during the life of the trust?
- Are conflicts of interest reassessed over time?
- Under what circumstances would the trustee recommend replacing a Protector?
4. Documentation and Traceability
- Are Protector approvals, directions, or veto decisions formally documented?
- Is there a record of Protector interventions maintained as part of the trust governance file?
- Are such records available for internal governance review or regulatory audit?
These questions aim to assess governance robustness, independence of oversight,
and the operational balance between trustee authority and Protector involvement
within trust structures.