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2017 Maryland Code
Estates and Trusts
Title 14.5. Maryland Trust Act.
Subtitle 8 - Duties and Powers of Trustee.
§ 14.5-807. Delegation of duties and powers.
Universal Citation: MD Est & Trusts Code § 14.5-807 (2017)
- (a) In general. --
- (1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances to an agent, even if the agent is associated with the trustee.
- (2) A trustee shall exercise reasonable care, skill, and caution in:
- (i) Selecting an agent;
- (ii) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and
- (iii) Periodically reviewing the actions of the agent in order to monitor the performance of the agent and compliance with the terms of the delegation by the agent.
- (b) Duty of agent. -- 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.
- (c) Agent submits to jurisdiction of State. -- By accepting a delegation of powers or duties from the trustee of a trust that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State.
- (d) Exclusion. -- This section does not apply to a delegation of investment duties or powers in accordance with ยง 15-114 of this article.
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