564-B:9-905 Reviewing Compliance. –
(a) Compliance with the prudent investor rule is determined:
(1) in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight; and
(2) by the trustee's conduct and not by the return realized from the investment and management of the trust assets.
(b) A trustee's failure to realize a return that equals or exceeds any financial index is not evidence of a trustee's failure to comply with the prudent investor rule.