TITLE 68

TRUSTS AND FIDUCIARIES

CHAPTER 5

UNIFORM PRUDENT INVESTOR ACT

68-509.  Delegation of investment and management functions. (1) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill and caution in:

(a)  Selecting an agent;

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

(c)  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 the requirements of subsection (1) of this section is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated.

(4)  By accepting the delegation of a trust function from the trustee of a trust that is subject to the law of the state of Idaho, an agent submits to the jurisdiction of the courts of this state.

History:

[68-509, added 1997, ch. 14, sec. 2, p. 16.]