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Current as of January 01, 2023 | Updated by FindLaw Staff
[Delegation.]
(a) A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the management of investments that a prudent conservator of comparable skills may delegate under similar circumstances.
(b) The conservator shall exercise reasonable care, skill, and caution in:
(1) selecting an agent;
(2) establishing the scope and terms of a delegation, consistent with the purposes and terms of the conservatorship; and
(3) periodically reviewing an agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.
(c) In performing a delegated function, an agent owes a duty to the estate to exercise reasonable care to comply with the terms of the delegation.
(d) A conservator who complies with subsections (a) and (b) is not liable to the protected person or to the estate for the decisions or actions of the agent to whom a function was delegated.
(e) By accepting a delegation from a conservator subject to the law of the commonwealth, an agent submits to the jurisdiction of the courts of the commonwealth.
Cite this article: FindLaw.com - Massachusetts General Laws Part II. Real and Personal Property and Domestic Relations (Ch. 183-210) Ch. 190B, § 5-423A - last updated January 01, 2023 | https://codes.findlaw.com/ma/part-ii-real-and-personal-property-and-domestic-relations-ch-183-210/ma-gen-laws-ch-190b-sect-5-423a/
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