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Abramson (HB 620) Act No. 188
Existing law provides that a trustee shall not delegate the performance of his duties except
as provided by existing law.
Existing 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.
Existing 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.
Existing law provides that an agent owes a duty to the trustee and to the beneficiaries to
exercise reasonable care and skill.
New law retains existing 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.
Effective Aug. 1, 2014.
(Amends R.S. 9:2087(B))