1. A. Any person acting as a trustee or as any other fiduciary under the laws of this state may delegate any investment, management or administrative function if such person exercises reasonable care, judgment and caution in:

   1. 1. Selecting the delegate, taking into account the delegate's financial standing and reputation;
   2. 2. Establishing the scope and other terms of any delegation; and
   3. 3. Reviewing periodically the delegate's actions in order to monitor overall performance and compliance with the scope and other terms of the delegation.
2. B. Notwithstanding any delegation permitted by subsection A of this section, any person acting as a trustee or in any other fiduciary capacity under the laws of this state shall retain responsibility for the due performance of any delegated fiduciary function.

Laws 1998, c. 104, § 31, eff. November 1, 1998.