58a-807. Delegation by trustee.

58a-807

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 8.--DUTIES AND POWERS OF TRUSTEE

      58a-807.   Delegation by trustee.(a) A trustee maydelegate duties and powers, other thaninvestment and managementfunctions, that a prudent trustee of comparable skills could properlydelegate under thecircumstances. The trustee shall exercise reasonable care, skill, and cautionin:

      (1)   Selecting an agent;

      (2)   establishing the scope and terms of the delegation, consistent withthe purposesand terms of the trust; and

      (3)   periodically reviewing the agent's actions in order to monitor theagent'sperformance and compliance with the terms of the delegation.

      (b)   A trustee may delegate investment and management functions in accord withK.S.A. 58-24a01 et seq., and amendments thereto.

      (c)   In performing a delegated function, an agent owes a duty to the trust toexercisereasonable care to comply with the terms of the delegation.

      (d)   A trustee who complies with subsection (a) is not liable to thebeneficiaries orto the trust for an action of the agent to whom the function was delegated.

      (e)   By accepting a delegation of powers or duties from the trustee of a trustthat issubject to the law of this state, an agent submits to the jurisdiction of thecourts of this state.

      History:   L. 2002, ch. 133, § 64; Jan. 1, 2003.