(a) A trustee may delegate duties and powers that a prudent trustee of comparable
skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
(1) Selecting an agent;
(2) Establishing the scope and terms of the delegation, consistent with the purposes
and terms of the trust instrument; and
(3) Periodically reviewing the agent's actions in order to monitor the agent's performance
and compliance with the terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the trust to exercise
reasonable care to comply with the terms of the delegation.
(c) A trustee who complies with subsection (a) of this section is not liable to the
beneficiaries or to the trust for an action of the agent to whom the function was
(d) By accepting a delegation of powers or duties from the trustee of a trust that
is subject to the law of this state, an agent submits to the jurisdiction of the courts
of this state.
(e) The delegating trustee is not responsible for the decisions, actions or inactions
of the trustee to whom those duties and powers have been delegated if the delegating
trustee has exercised reasonable care, skill and caution in establishing the scope
and specific terms of the delegation and in reviewing periodically the performance
of the trustee to whom the duties and powers have been delegated and the trustee's
compliance with the scope and specific terms of the delegation.
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