New Hampshire Revised Statutes 564-B:12-1208 – Delegation to an Agent
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(a) A trust advisor or trust protector may delegate to any person, even if that person is associated or affiliated with the trust advisor or trust protector, any duty or power that a prudent trust advisor or trust protector of comparable skills and having the same power or duty could properly delegate under the circumstances.
(b) In delegating to an agent, a trust advisor or trust protector shall exercise reasonable care, skill, and caution in:
(1) Selecting an agent;
(2) Establishing the scope and terms of the delegation, consistent with the trust’s purposes and the terms of the trust; and
(3) Periodically reviewing the agent’s actions for the purpose of monitoring the agent’s performance and compliance with the scope and terms of the delegation.
(c) The exercise of a power includes the performance of any function involving that power.
(d) A trust advisor or trust protector who complies with subsections (a) and (b) is not liable to the beneficiaries or to the trust for an action of the agent to whom the power or duty was delegated.
(e) In performing a delegated duty of power, an agent owes a duty to the trust to exercise reasonable care to comply with the scope and terms of the delegation.
(f) A trust advisor’s or trust protector’s delegation of a duty, power, or function to an agent under a power of attorney shall not be valid unless the power of attorney expressly refers to the trust advisor or trust protector in his, her, or its capacity as a trust advisor or trust protector of the trust.
(g) In the case of a trust advisor or trust protector who is an individual, the trust advisor’s or trust protector’s delegation of any duty, power, or function to an agent under a power of attorney shall terminate upon the trust advisor’s or trust protector’s incapacity unless:
(1) The terms of the trust provide that the delegation may remain effective during the trust advisor’s or trust protector’s incapacity; and
(2) The power of attorney provide that the delegation does not terminate upon the trust advisor’s or trust protector’s incapacity.
(h) By accepting a delegation of any duty or power from a trust advisor or trust protector of a trust that has its principal place of administration in this state or subsequently changes its principal place of administration to this state, an agent shall be subject to the personal jurisdiction of the courts of this state regarding any matter involving the trust.
(i) This section does not apply to the delegation of a duty or power to a trustee, trust advisor, or trust protector to the extent that, under the terms of the trust, the trustee, trust advisor, or trust protector is vested with the delegated duty or power.
(b) In delegating to an agent, a trust advisor or trust protector shall exercise reasonable care, skill, and caution in:
Terms Used In New Hampshire Revised Statutes 564-B:12-1208
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trustee: A person or institution holding and administering property in trust.
(1) Selecting an agent;
(2) Establishing the scope and terms of the delegation, consistent with the trust’s purposes and the terms of the trust; and
(3) Periodically reviewing the agent’s actions for the purpose of monitoring the agent’s performance and compliance with the scope and terms of the delegation.
(c) The exercise of a power includes the performance of any function involving that power.
(d) A trust advisor or trust protector who complies with subsections (a) and (b) is not liable to the beneficiaries or to the trust for an action of the agent to whom the power or duty was delegated.
(e) In performing a delegated duty of power, an agent owes a duty to the trust to exercise reasonable care to comply with the scope and terms of the delegation.
(f) A trust advisor’s or trust protector’s delegation of a duty, power, or function to an agent under a power of attorney shall not be valid unless the power of attorney expressly refers to the trust advisor or trust protector in his, her, or its capacity as a trust advisor or trust protector of the trust.
(g) In the case of a trust advisor or trust protector who is an individual, the trust advisor’s or trust protector’s delegation of any duty, power, or function to an agent under a power of attorney shall terminate upon the trust advisor’s or trust protector’s incapacity unless:
(1) The terms of the trust provide that the delegation may remain effective during the trust advisor’s or trust protector’s incapacity; and
(2) The power of attorney provide that the delegation does not terminate upon the trust advisor’s or trust protector’s incapacity.
(h) By accepting a delegation of any duty or power from a trust advisor or trust protector of a trust that has its principal place of administration in this state or subsequently changes its principal place of administration to this state, an agent shall be subject to the personal jurisdiction of the courts of this state regarding any matter involving the trust.
(i) This section does not apply to the delegation of a duty or power to a trustee, trust advisor, or trust protector to the extent that, under the terms of the trust, the trustee, trust advisor, or trust protector is vested with the delegated duty or power.