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 mandatary 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 mandatary to sell specifically described immovable property
at a specific price shall be considered the delegation of a ministerial duty.
(Amends R.S. 9:2087)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill.
1. Made technical amendment changing "mandatory" to "mandatary".