Delegation.

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(1) A conservator may 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.

(2) 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 andterms of the conservatorship;

  3. Periodically reviewing an agent's overall performance and compliance with the termsof the delegation; and

  4. Redressing an action or decision of an agent that would constitute a breach of trust ifperformed by the conservator.

  1. A conservator who complies with subsections (1) and (2) of this section is not liableto 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.

  2. In performing a delegated function, an agent shall exercise reasonable care to complywith the terms of the delegation.

  3. By accepting a delegation from a conservator subject to the laws of this state, anagent submits to the jurisdiction of the courts of this state.

Source: L. 2000: Entire part R&RE, p. 1827, § 1, effective January 1, 2001 (see § 15-17103).


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