(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 person 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 fiduciary duty if performed by the conservator.
(c) A conservator who complies with paragraphs (a) and (b) is not liable to the person subject to conservatorship 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 laws of this state, an agent submits to the jurisdiction of the courts of this state.
History:
2003 c 12 art 1 s 64; 2020 c 86 art 1 s 41