(a) A conservator shall 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 trustee of comparable skills may delegate under similar circumstances.
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Terms Used In Hawaii Revised Statutes 560:5-426

  • 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.
(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 that would constitute a breach of trust if performed by the conservator.
(c) A conservator who complies with subsections (a) and (b) is not liable to the protected person or to the estate or to the protected person’s successors 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.

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