Mass. Gen. Laws » Part II Title II Chapter 203C
Massachusetts General Laws

Mass. Gen. Laws ch. 203C, § 10 (2026)

Delegation of investment and management functions

✓ current as of July 2026
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Section 10. (a) A trustee may delegate investment and management functions if it is prudent to do so. A trustee shall exercise reasonable care, skill and caution in:

(1) selecting an agent;

(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and

(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.

(b) In performing a delegated function, an agent shall owe a duty to the trust to exercise reasonable care to comply with the terms of the delegation.

(c) A trustee who complies with the requirements of subsection (a) shall not be liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated.

(d) By accepting the delegation of trust functions from the trustee of a trust that is subject to the laws of the commonwealth, an agent submits to the jurisdiction of the courts of the commonwealth.

Notes of Decisions
Cited in 2 cases, 2007–2014 · leading case: The Woodward Sch. for Girls, Inc. v. City of Quincy, 13 N.E.3d 579 (Mass. 2014).
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The Woodward Sch. for Girls, Inc. v. City of Quincy, 13 N.E.3d 579 (Mass. 2014). · cites it 2× “22 However, Quincy did not make changes to its portfolio consistent with the advice it received, and instead increased the percentage of investments in fixed income assets so that, by 1990, nearly one hundred per cent of the assets of the Adams Fund were in fixed income…”
In re the Trusts Under the Will of Crabtree, 865 N.E.2d 1119 (Mass. 2007). “Although trustees are authorized by the Massachusetts Prudent Investment Act, G. L. c. 203C, § 10, to “delegate investment and management functions if it is prudent to do so,” here the trustees essentially abdicated control over the funds that comprised the endowment.”
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