§560:5-426 - Delegation.
§560:5-426 Delegation. (a) A
conservator shall not delegate to an agent or another conservator the entire
administration of the estate, but a conservator may otherwise delegate the
performance of functions that a prudent trustee of comparable skills may
delegate under similar circumstances.
(b) The conservator shall exercise reasonable
care, skill, and caution in:
(1) Selecting an agent;
(2) Establishing the scope and terms of a delegation,
consistent with the purposes and terms of the conservatorship;
(3) Periodically reviewing an agent's overall
performance and compliance with the terms of the delegation; and
(4) Redressing an action or decision of an agent that
would constitute a breach of trust if performed by the conservator.
(c) A conservator who complies with
subsections (a) and (b) is not liable to the protected person or to the estate
or to the protected person's successors for the decisions or actions of the
agent to whom a function was delegated.
(d) In performing a delegated function, an
agent shall exercise reasonable care to comply with the terms of the
delegation.
(e) By accepting a delegation from a
conservator subject to the laws of this State, an agent submits to the
jurisdiction of the courts of this State. [L 2004, c 161, pt of §1]