Legal Definitions - mandatory power

A mandatory power refers to a legal authority or duty that *must* be exercised by an individual or entity when specific conditions are met. Unlike discretionary powers, which allow for choice or judgment, a mandatory power leaves no room for the holder to decide whether or not to act, or how to act, once the triggering circumstances are present. The law, a contract, or a governing instrument compels the action, making it an obligation rather than an option.

• Example 1: Government Agency Permit Issuance

  Imagine a city ordinance that states: "If an application for a business license meets *all* specified health, safety, and zoning requirements, the Department of Licensing *shall* issue the license within 30 days." Here, the Department of Licensing holds a mandatory power. If a new restaurant owner submits an application that perfectly satisfies every single criterion outlined in the ordinance, the department does not have the discretion to deny the license based on other factors or personal preference. They are legally obligated to issue it.

• Example 2: Judicial Sentencing Guidelines

  Consider a state law that imposes "mandatory minimum sentencing" for certain drug offenses. For instance, if a person is convicted of possessing a specific quantity of a particular controlled substance, the law might state that the judge *must* impose a prison sentence of at least five years. In this scenario, the judge's power to sentence is mandatory. Once the conditions (conviction for that specific offense and quantity) are met, the judge is legally compelled to impose a sentence of at least five years and cannot choose a lesser penalty, even if they believe it would be more appropriate.

• Example 3: Trustee's Obligation in a Trust

  A trust document might specify that "when the beneficiary, David, reaches the age of 30, the trustee *shall* distribute one-half of the trust's principal to him." In this case, the trustee holds a mandatory power regarding the distribution. Upon David turning 30, the trustee has no discretion to withhold the funds, invest them differently, or distribute them to someone else. They are legally obligated to transfer that portion of the principal to David as stipulated in the trust agreement.