Source: L. 99: Entire article added, p. 1214, § 1, effective August 4.
This section is in the nature of a facility-of-payment provision that permits persons owing money to an incapacitated individual to discharge a fixed obligation by a payment to a custodial trustee under this Act. The section does not authorize the custodial trustee to settle claims for disputed amounts but only to acknowledge an effective receipt of property paid or delivered. It is based primarily on Sections 6 and 7 of UTMA and includes the protections of Section 8 of UTMA as well. It permits a custodial trust to be established as a substitute for a conservatorship to receive payments due an incapacitated individual. Also, see section 15-1.5-111, which protects transferors and other third parties dealing with the custodial trustee.
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