{"data":{"id":"us-me/18-c-m.r.s.-5-123","jurisdiction":"us-me","citation":"18-C M.R.S. §5-123","heading":"Use of agent by guardian or conservator","body":"1.  Delegation consistent with plan and fiduciary duty.  Except as otherwise provided in subsection 3, a guardian or conservator may delegate a power to an agent that a prudent guardian or conservator of comparable skills could prudently delegate under the circumstances if the delegation is consistent with the guardian's or conservator's plan and fiduciary duty.\n2.  Delegating a power.  In delegating a power under subsection 1, the guardian or conservator shall exercise reasonable care, skill and caution in:\nA.  Selecting the agent;\nB.  Establishing the scope and terms of the agent's work in accordance with the guardian's or conservator's plan;\nC.  Monitoring the agent's performance and compliance with the delegation; and\nD.  Redressing action or inaction of the agent that would constitute a breach of the guardian's or conservator's duties if performed by the guardian or conservator.\n3.  Delegation limitation.  A guardian or conservator may not delegate all powers to an agent.\n4.  Agent performing a delegated power.  In performing a power delegated under this section, an agent shall:\nA.  Exercise reasonable care to comply with the terms of the delegation and use reasonable care in the performance of the delegated power; and\nB.  If the agent has been delegated the power to make a decision on behalf of the individual subject to guardianship or conservatorship, in making the decision use the same decision-making standard the guardian or conservator would be required to use in making the decision.\n5.  Jurisdiction of court.  By accepting a delegation of a power from a guardian or conservator under this section, an agent submits to the jurisdiction of the courts of this State in an action involving the agent's performance as agent.\n6.  Liability.  A guardian or conservator that delegates and monitors a power in compliance with this section is not liable for the decisions or actions of the agent.","path":["TITLE 18-C: PROBATE CODE","PART 1: GENERAL PROVISIONS"],"source_url":"https://legislature.maine.gov/statutes/18-C/title18-Csec5-123.html","current_through":"October 1, 2025","vintage":"","retrieved_at":"2026-09-04T15:12:29Z","sha256":"b39cebe600ba2586ab2ce05553222184112668332a14e4ce20bf2203e0a673d2","source_id":"us-me","stale":false,"prev":"us-me/18-c-m.r.s.-5-122","next":"us-me/18-c-m.r.s.-5-124"},"notice":"GroundRules: Original legal text. Not legal advice."}