HLS 14RS-1190 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 620
BY REPRESENTATIVE ABRAMSON
TRUSTS: Provides relative to the delegation of authority of a trustee
AN ACT1
To amend and reenact R.S. 9:2087, relative to trusts; to provide relative to the delegation of2
certain duties of a trustee; to provide that the delegation of authority for the sale of3
immovable property under certain circumstances shall be considered a ministerial4
duty; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:2087 is hereby amended and reenacted to read as follows: 7
ยง2087. Delegating performance8
* * *9
B.(1) A trustee may, by power of attorney, delegate the performance of10
ministerial duties and acts that he could not reasonably be required to perform11
personally.12
(2) A written power of attorney in authentic form, executed by a trustee13
authorizing a mandatory to sell specifically described immovable property at a14
specific price shall be considered the delegation of the performance of a ministerial15
duty as provided by Paragraph (1) of this Subsection.16
* * *17 HLS 14RS-1190 ORIGINAL
HB NO. 620
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 620
Abstract: Provides that a written power of attorney in authentic form executed by a trustee
authorizing a mandatory to sell specifically described immovable property at a
specific price shall be considered the delegation of a ministerial duty.
Present law provides that a trustee shall not delegate the performance of his duties except
as provided by present law.
Present law provides that a trustee may, by power of attorney, delegate the performance of
ministerial duties and acts that he could not reasonably be required to perform personally,
and further authorizes the delegation of his duties for certain acts such as the selection of
specific investments and asset management functions under certain circumstances.
Present law provides that the trustee has the duty to exercise reasonable care, skill, and
caution in selecting the agent and establishing the scope and terms of the delegation, to
review the actions of the agent, and, in the event of a breach of the agent's duties, to take
such action to remedy the breach.
Present law provides that an agent owes a duty to the trustee and to the beneficiaries to
exercise reasonable care and skill.
Proposed law retains present law, and provides that a written power of attorney in authentic
form executed by a trustee authorizing a mandatory to sell specifically described immovable
property at a specific price shall be considered the delegation of a ministerial duty.
(Amends R.S. 9:2087)