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United States — Maine Act or statute

United States — Maine legislation

Maine Revised Statutes, Title 18-B, § 807: Delegation by trustee, 2003

A trustee may delegate certain duties and powers, but must use reasonable care in choosing the agent, setting the delegation terms, and reviewing the agent’s performance.

Source excerpt

agent compensationcourt reviewdelegationtrust administration
Jurisdiction
United States — Maine
Structure
1 provisions
Official identity
Year 2003
Dates
Enacted 2003 · Source version 1 Oct 2025
More statute details
Dates
Enacted 2003 · Source version 1 Oct 2025
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“A trustee may delegate certain duties and powers, but must use reasonable care in choosing the agent, setting the delegation terms, and reviewing the agent’s performance.”

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    Enacted 2003 · Source version 1 Oct 2025. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Delegation by trustee

A trustee may delegate certain duties and powers, but must use reasonable care in choosing the agent, setting the delegation terms, and reviewing the agent’s performance.

Section 807

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Source record from legislature.maine.gov · Enacted 2003 · Source version 1 Oct 2025

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§ 807Delegation by trusteeProvision

Source excerpt

A trustee may delegate certain duties and powers, but must use reasonable care in choosing the agent, setting the delegation terms, and reviewing the agent’s performance.

1. Delegation. A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill and caution in: A. Selecting an agent; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] C. Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2. Agent's duty to trust. In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 3. Liability of trustee. A trustee who complies with subsection 1 is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 4. Agent submits to jurisdiction. By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this State, an agent submits to the jurisdiction of the courts of this State. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 5. Review of agent. Upon petition of a qualified beneficiary, after notice to all qualified beneficiaries, the trustee and the agent of the trustee, the court may review the employment of any agent by the trustee and the reasonableness of the agent's compensation. Any agent who is found to have received excess compensation from a trust may be ordered to make appropriate refunds. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
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  • 1 Oct 2025 · currentEnglish

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