(a) (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) 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) 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) This section does not apply to a delegation of investment duties or powers in accordance with § 15–114 of this article.
Structure Maryland Statutes
Title 14.5 - Maryland Trust Act
Subtitle 8 - Duties and Powers of Trustee
Section 14.5-801 - Administration in General
Section 14.5-802 - Conflict Between Fiduciary and Personal Interests of Trustee
Section 14.5-803 - Two or More Beneficiaries
Section 14.5-804 - Standard for Administration
Section 14.5-805 - Incursion of Allowable Costs
Section 14.5-806 - Trustee With Special Skills or Expertise
Section 14.5-807 - Delegation of Duties and Powers
Section 14.5-808 - Actions Contrary to Trust Terms; Advisers and Fiduciaries
Section 14.5-809 - Control and Protection of Trust Property; Exception
Section 14.5-810 - Records; Keeping Property Separate
Section 14.5-811 - Enforcement, Defense, Abandonment or Assignment of Claims Against Trust
Section 14.5-812 - Breach of Trust
Section 14.5-813 - Duties in General
Section 14.5-814 - Prohibited Powers
Section 14.5-815 - Powers of Trustee Without Authorization of Court
Section 14.5-816 - Powers of Trustee in General
Section 14.5-817 - Distribution on Termination or Partial Termination of Trust