Delegation

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  • (a) 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.

  • (b) 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 and terms of the conservatorship;

    • (3) periodically reviewing an agent’s overall performance and compliance with the terms of the delegation; and

    • (4) redressing an action or decision of an agent which would constitute a breach of trust if performed by the conservator.

  • (c) A conservator who complies with subsections (a) and (b) is not liable to the protected person or to the estate for the decisions or actions of the agent to whom a function was delegated.

  • (d) In performing a delegated function, an agent shall exercise reasonable care to comply with the terms of the delegation.

  • (e) By accepting a delegation from a conservator subject to the law of the Virgin Islands an agent submits to the jurisdiction of the courts of the Virgin Islands.


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