§ 15-14-426 — Delegation

(1) A conservator may not delegate to an agent or
another conservator the entire administration of the estate, but a conservator may
otherwise delegate the performance of functions that a prudent trustee of
comparable skills may delegate under similar circumstances.

(2) The conservator shall exercise reasonable care, skill, and caution in:

(a) Selecting an agent;

(b) Establishing the scope and terms of a delegation, consistent with the
purposes and terms of the conservatorship;

(c) Periodically reviewing an agent's overall performance and compliance
with the terms of the delegation; and

(d) Redressing an action or decision of an agent that would constitute a
breach of trust if performed by the conservator.

(3) A conservator who complies with subsections (1) and (2) of this section is
not liable to the protected person or to the estate or to the protected person's
successors for the decisions or actions of the agent to whom a function was
delegated.

(4) In performing a delegated function, an agent shall exercise reasonable
care to comply with the terms of the delegation.

(5) By accepting a delegation from a conservator subject to the laws of this
state, an agent submits to the jurisdiction of the courts of this state.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1827, � 1, effective January 1, 2001 (see � 15-17-103).