Section 5-423A Delegation - Massachusetts Statutes

[Text of section added by 2008, 521, Sec. 9 effective July 1, 2009. See 2008, 521, Sec. 44.]

Section 5-423A. [Delegation.]

(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 management of investments that a prudent conservator 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; and

(3) periodically reviewing an agent’s actions in order to monitor the agent’s performance and compliance with the terms of the delegation.

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

(d) 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.

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