(a)
- (1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances to an agent, even if the agent is associated with the trustee.
(2) A trustee shall exercise reasonable care, skill, and caution in:
- (i) Selecting an agent;
- (ii) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and
- (iii) Periodically reviewing the actions of the agent in order to monitor the performance of the agent and compliance with the terms of the delegation by the agent.
- (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) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State.
- (d) This section does not apply to a delegation of investment duties or powers in accordance with § 15-114 of this article.
Added by Acts 2014, c. 585, § 1, eff. Jan. 1, 2015.