72-38-807. Delegation by trustee. (1) A trustee may delegate duties and powers 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 subsection (1) is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.
(4) By accepting a delegation of powers or duties 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.
History: En. Sec. 94, Ch. 264, L. 2013.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 38. Montana Uniform Trust Code
Part 8. Duties and Powers of Trustee
72-38-801. Duty to administer trust
72-38-804. Prudent administration
72-38-805. Costs of administration
72-38-807. Delegation by trustee
72-38-809. Control and protection of trust property
72-38-810. Recordkeeping and identification of trust property
72-38-811. Enforcement and defense claims
72-38-812. Collecting trust property
72-38-813. Duty to inform and report
72-38-814. Discretionary powers -- tax savings
72-38-815. General powers of trustee
72-38-816. Specific powers of trustee
72-38-817. Distribution upon termination
72-38-818. and 72-38-819 reserved
72-38-821. Distribution under charitable trust or private foundation
72-38-823. Exceptions applicable to split-interest trusts