A. A trustee, without authorization by the court, may exercise:
(1) powers conferred by the terms of the trust; and
(2) except as limited by the terms of the trust:
(a) all powers over the trust property that an unmarried competent owner has over individually owned property;
(b) any other powers appropriate to achieve the proper investment, management and distribution of the trust property; and
(c) any other powers conferred by the Uniform Trust Code [46A-1-101 NMSA 1978].
B. The exercise of a power is subject to the fiduciary duties prescribed by Chapter 46A, Article 8 NMSA 1978.
History: Laws 2003, ch. 122, § 8-815; 2007, ch. 128, § 24.
The 2007 amendment, effective July 1, 2007, changed the statutory reference in Subsection B.
Structure New Mexico Statutes
Chapter 46A - Uniform Trust Code
Article 8 - Duties and Powers of Trustee
Section 46A-8-801 - Duty to administer trust.
Section 46A-8-802 - Duty of loyalty.
Section 46A-8-803 - Impartiality.
Section 46A-8-804 - Prudent administration.
Section 46A-8-805 - Costs of administration.
Section 46A-8-806 - Trustee's skills.
Section 46A-8-807 - Delegation by trustee.
Section 46A-8-809 - Control and protection of trust property.
Section 46A-8-810 - Recordkeeping and identification of trust property.
Section 46A-8-811 - Enforcement and defense of claims.
Section 46A-8-812 - Collecting trust property.
Section 46A-8-813 - Duty to inform and report.
Section 46A-8-814 - Discretionary powers; tax savings.
Section 46A-8-815 - General powers of trustee.