§ 36C-8-807. Delegation by trustee. - North Carolina Statutes

§ 36C‑8‑807. Delegation by trustee.

(a)        A trustee maydelegate duties and powers that a prudent trustee of comparable skills couldproperly delegate under the circumstances. The trustee shall exercisereasonable care, skill, and caution in:

(1)        Selecting an agent;

(2)        Establishing thescope and terms of the delegation, consistent with the purposes and terms ofthe trust; and

(3)        Periodicallyreviewing the agent's actions in order to monitor the agent's performance andcompliance with the terms of the delegation.

(b)        In performing adelegated function, an agent owes a duty to the trust to exercise reasonablecare to comply with the terms of the delegation.

(c)        A trustee whocomplies with subsection (a) of this section is not liable to the beneficiariesor to the trust for an action of the agent to whom the function was delegated.

(d)        By accepting adelegation of powers or duties from the trustee of a trust that is subject tothe law of this State, an agent submits to the jurisdiction of the courts ofthis State. (2005‑192,s. 2.)