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; 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 delegated.
- 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.
Laws 2025, HB 1850, c. 254, § 55, eff. November 1, 2025.