As used in this article 1.5:
Source: L. 99: Entire article added, p. 1211, § 1, effective August 4. L. 2017: IP and (8) amended, (HB 17-1046), ch. 50, p. 157, § 7, effective March 16; (8) amended, (SB 17-242), ch. 263, p. 1295, § 115, effective May 25.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
(3) "Conservator" is defined broadly to permit identification of a person functioning as a conservator.
(4) "Court" means the district courts of this state, except in the city and county of Denver, where it means the probate court. Here the likelihood is that most states would utilize the same court, e.g., the probate court, that deals with conservators and estates.
(5 and 6) The terms, "custodial trust property" and "custodial trustee," are used throughout to identify clearly the statutory trust property and trustee under this Act. The statutory trust concept is used throughout the Act.
(7) A definition of guardian has been included and is based on the Uniform Probate Code Section 5-103(6).
(8) A definition of incapacitated has been included, for the purpose of this Act, because incapacity of the beneficiary converts the trust from a revocable trust to a discretionary trust. The definition is taken from the Uniform Probate Code Section 5-401(c) relating to the person who is unable to manage property. Compare Uniform Probate Code Section 5-103(7). Note that section 15-1.5-110(1)(b) permits a transferor to direct that the trust shall be administered as one for an incapacitated person. Section 15-1.5-110 deals specifically with the determination of incapacity.
(10) The beneficiary's family is broadly defined to identify persons who may have standing to seek judicial intervention or accounting (sections 15-1.5-113 and 15-1.5-115).
(11) The definition of a person is taken from the Uniform Probate Code Section 1-201(29).
(12) Personal representative is broadly defined and the definition reflects that in the Uniform Probate Code Section 1-201(30).
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 1.5 - Colorado Uniform Custodial Trust Act
§ 15-1.5-102. Custodial Trust - General
§ 15-1.5-103. Custodial Trustee for Future Payment or Transfer
§ 15-1.5-104. Form and Effect of Receipt and Acceptance by Custodial Trustee - Jurisdiction
§ 15-1.5-105. Transfer to Custodial Trustee by Fiduciary or Obligor - Facility of Payment
§ 15-1.5-106. Multiple Beneficiaries - Separate Custodial Trusts - Survivorship
§ 15-1.5-107. General Duties of Custodial Trustee
§ 15-1.5-108. General Powers of Custodial Trustee
§ 15-1.5-109. Use of Custodial Trust Property
§ 15-1.5-110. Determination of Incapacity - Effect
§ 15-1.5-111. Exemption of Third Persons From Liability
§ 15-1.5-112. Liability to Third Persons
§ 15-1.5-114. Expenses, Compensation, and Bond of Custodial Trustee
§ 15-1.5-116. Limitations of Action Against Custodial Trustee
§ 15-1.5-117. Distribution on Termination
§ 15-1.5-118. Methods and Forms for Creating Custodial Trusts