§ 59-16-07 — (807) Delegation by trustee

North Dakota § 59-16-07

• Jurisdiction: North Dakota
• Title 59: Trusts, Uses, and Powers
• Ch. 59-16: Duties and Powers of Trustee

Text

1. 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 selecting an agent; establishing the scope and
terms of the delegation, consistent with the purposes and terms of the trust; and
periodically reviewing the agent's actions in order to monitor the agent's performance
and compliance with the terms of the delegation.
2. 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.
3. A trustee who complies with subsection 1 is not liable to the beneficiaries or to the trust
for an action of the agent to whom the function was delegated.
4. 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.