§ 564-B:12-1208 — Delegation to an Agent

(a) A trust advisor or trust protector may delegate to any person, even if that person is associated or affiliated with the trust advisor or trust protector, any duty or power that a prudent trust advisor or trust protector of comparable skills and having the same power or duty could properly delegate under the circumstances.
(b) In delegating to an agent, a trust advisor or trust protector shall exercise reasonable care, skill, and caution in:
(1) Selecting an agent;
(2) Establishing the scope and terms of the delegation, consistent with the trust's purposes and the terms of the trust; and
(3) Periodically reviewing the agent's actions for the purpose of monitoring the agent's performance and compliance with the scope and terms of the delegation.
(c) The exercise of a power includes the performance of any function involving that power.
(d) A trust advisor or trust protector who complies with subsections (a) and (b) is not liable to the beneficiaries or to the trust for an action of the agent to whom the power or duty was delegated.
(e) In performing a delegated duty of power, an agent owes a duty to the trust to exercise reasonable care to comply with the scope and terms of the delegation.
(f) A trust advisor's or trust protector's delegation of a duty, power, or function to an agent under a power of attorney shall not be valid unless the power of attorney expressly refers to the trust advisor or trust protector in his, her, or its capacity as a trust advisor or trust protector of the trust.
(g) In the case of a trust advisor or trust protector who is an individual, the trust advisor's or trust protector's delegation of any duty, power, or function to an agent under a power of attorney shall terminate upon the trust advisor's or trust protector's incapacity unless:
(1) The terms of the trust provide that the delegation may remain effective during the trust advisor's or trust protector's incapacity; and
(2) The power of attorney provide that the delegation does not terminate upon the trust advisor's or trust protector's incapacity.
(h) By accepting a delegation of any duty or power from a trust advisor or trust protector of a trust that has its principal place of administration in this state or subsequently changes its principal place of administration to this state, an agent shall be subject to the personal jurisdiction of the courts of this state regarding any matter involving the trust.
(i) This section does not apply to the delegation of a duty or power to a trustee, trust advisor, or trust protector to the extent that, under the terms of the trust, the trustee, trust advisor, or trust protector is vested with the delegated duty or power.

Legislative History

2017, 257:31, eff. July 18, 2017.