Keep selection, scope, and continuing review connected.
For trustees, § 16052 addresses prudent selection of an agent, setting the delegation’s scope and terms consistently with the trust, and periodic review. A checklist alone does not establish that these standards have been met or eliminate potential liability.
Practical documentation steps
These are suggested organizing practices, not a complete statement of legal requirements.
- Compare qualifications, services, fees, conflicts, and alternatives.
- Document the selected scope and the reasons for the decision.
- Preserve reports, reviews, exceptions, and follow-up.
A question for your professional
Is this delegation appropriate, and which terms should counsel review?
Know the limits
Applicability depends on your role, the governing documents, the facts, and current law. Trust examples should not automatically be applied to estates or other engagements. Federal tax, other-state law, and court-specific issues may require separate research and advice.