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Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

previous next Effective - 28 Aug 2009bottom

  436.440.  Provisions applicable to all preneed trusts. — 1.  The provisions of this section shall apply to all preneed trusts, including trusts established before August 28, 2009.

  2.  A preneed trustee may delegate to an agent duties and powers that a prudent trustee of comparable skills would reasonably delegate under the circumstances.  The trustee shall exercise reasonable care, skill, and caution in:

  (1)  Selecting an agent;

  (2)  Establishing the scope and terms of the agency, consistent with the purposes and terms of the trust; and

  (3)  Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the agency.

  3.  In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the agency.

  4.  By accepting a delegation of powers or duties from the trustee of a preneed trust, an agent submits to the jurisdiction of the courts of this state.

  5.  Delegation of duties and powers to an agent shall not relieve the trustee of any duty or responsibility imposed on the trustee by sections 436.400 to 436.520 or the trust agreement.

  6.  For trusts in existence as of August 28, 2009, it shall be permissible for those trusts to continue to utilize the services of an independent financial advisor, if said advisor was in place pursuant to section 436.031 as of August 28, 2009.

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(L. 2009 S.B. 1)


---- end of effective   28 Aug 2009 ----

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