2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.4206 - DELEGATION.

        633A.4206  DELEGATION.
         1.  A trustee shall not delegate to an agent or cotrustee the
      entire administration of the trust or the responsibility to make or
      participate in the making of decisions with respect to discretionary
      distributions, but a trustee may otherwise delegate the performance
      of functions that a prudent trustee of comparable skills might
      delegate under similar circumstances.
         2.  The trustee shall exercise reasonable care, skill, and caution
      in the following activities:
         a.  Selecting an agent.
         b.  Establishing the scope and terms of a delegation,
      consistent with the purposes and terms of the trust.
         c.  Periodically reviewing an agent's overall performance and
      compliance with the terms of the delegation.
         d.  Redressing an action or decision of an agent which would
      constitute a breach of trust if performed by the trustee.
         3.  A trustee who complies with the requirements of subsections 1
      and 2 is not liable to the beneficiaries or to the trust 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 the delegation of a trust function 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.  
         Section History: Recent Form
         99 Acts, ch 125, §52, 109
         C2001, §633.4206
         2005 Acts, ch 38, §54
         CS2005, §633A.4206

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