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Concepts

UPIA

The Uniform Prudent Investor Act, approved by the National Conference of Commissioners on Uniform State Laws in 1994 and adopted in most states, describes the fiduciary standard of care for a private trust thus [Section 2]:

(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.

(b) A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.”

(e) A trustee may invest in any kind of property or type of investment consistent with the standards of this [Act].

 

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