Delegation of duties and powers.

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    (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.


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