In a legal trust there are three parties:
- the grantor, the one with the authority to create the trust, assign the trustee and draft the protections for the beneficiary or ward
- the trustee, the party assigned with the fiduciary responsibility to protect the beneficiary and his/her property or assets;
- and the beneficiary or ward who has been determined to be held incompetent, at least temporarily, for managing their own affairs.
The fourth aspect required for a legally binding trust is a trust agreement.
None of the four requirements / legal designations exist for the so-called “trust relationship” between Native peoples and the federal government !