(807) Delegation by trustee
N.D. Cent. Code § 59-16-07
in effect59-16-07. (807) Delegation by trustee
1. 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 selecting an agent; establishing the scope and
terms of the delegation, consistent with the purposes and terms of the trust; and
periodically reviewing the agent's actions in order to monitor the agent's performance
and compliance with the terms of the delegation.
2. 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.
3. 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.
4. 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t59c16.pdf#nameddest=59-16-07Fetched: 10/16/2026