527.38 RENUNCIATION, RESIGNATION, DEATH, OR REMOVAL OF CUSTODIAN;
DESIGNATION OF SUCCESSOR CUSTODIAN.
(a) A person nominated under section
or designated under section
may decline to serve by delivering a valid disclaimer to the person who made the nomination or to
the transferor or the transferor's legal representative. If the event giving rise to a transfer has not
occurred and no substitute custodian able, willing, and eligible to serve was nominated under
, the person who made the nomination may nominate a substitute custodian under
; otherwise the transferor or the transferor's legal representative shall designate a
substitute custodian at the time of the transfer, in either case from among the persons eligible to
serve as custodian for that kind of property under section
527.29, paragraph (a)
. The custodian so
designated has the rights of a successor custodian.
(b) A custodian at any time may designate a trust company or an adult other than a transferor
as successor custodian by executing and dating an instrument of designation
before a subscribing witness other than the successor. If the instrument of designation does not
contain or is not accompanied by the resignation of the custodian, the designation of the successor
does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.
(c) A custodian may resign at any time by delivering written notice to the minor if the minor
has attained the age of 14 years and to the successor custodian and by delivering the custodial
property to the successor custodian.
(d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively
designated a successor and the minor has attained the age of 14 years, the minor may designate as
successor custodian, in the manner prescribed in paragraph (b), an adult member of the minor's
family, a conservator of the minor, or a trust company. If the minor has not attained the age of
14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator
of the minor becomes successor custodian. If the minor has no conservator or the conservator
declines to act, the transferor, the legal representative of the transferor or of the custodian, an
adult member of the minor's family, or any other interested person may petition the court to
designate a successor custodian.
(e) A custodian who declines to serve under paragraph (a) or resigns under paragraph (c), or
the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put
the custodial property and records in the possession and control of the successor custodian. The
successor custodian by action may enforce the obligation to deliver custodial property and records
and becomes responsible for each item as received.
(f) A transferor, the legal representative of a transferor, an adult member of the minor's
family, a guardian of the minor, the conservator of the minor's estate, or the minor if the minor
has attained the age of 14 years may petition the court to remove the custodian for cause and to
designate a successor custodian other than a transferor under section
or to require the
custodian to give appropriate bond.
History: 1985 c 221 s 18; 2005 c 10 art 4 s 25