Section 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.Amended by 2014, 195:28, eff. 7/1/2014. 2004, 130:1, eff. Oct. 1, 2004. 2014, 195:28, eff. July 1, 2014.