Sec. 9. (a) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:

(1) selecting an agent;

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Terms Used In Indiana Code 30-4-3.5-9

  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: has the meaning set forth in IC 30-2-14-13. See Indiana Code 30-4-1-2
(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and

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

     (b) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care.

     (c) By accepting the delegation of a trust function from the trustee of a trust that is subject to the law of Indiana, an agent submits to the jurisdiction of the courts of Indiana.

As added by P.L.137-1999, SEC.3.