(a) A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable, if a claim is based on the following:
(1) A contract entered into by a custodian acting in a custodial capacity;
(2) An obligation arising from the ownership or control of custodial property; or
(3) A tort committed during the custodianship.
(b) A custodian is not personally liable in the following circumstances:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278; Mar. 24, 1998, D.C. Law 12-81, § 14(d), 45 DCR 745.)
1981 Ed., § 21-317.
This section is referenced in § 21-319.
Uniform Law: This section is based upon § 17 of the Uniform Transfers to Minors Act.
Structure District of Columbia Code
Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]
Chapter 3 - Transfers to Minors; Uniform Law
§ 21–302. Scope and jurisdiction
§ 21–303. Nomination of custodian
§ 21–304. Transfer by gift or exercise of power of appointment
§ 21–305. Transfer authorized by will or trust
§ 21–306. Other transfers by fiduciary
§ 21–308. Receipt for custodial property
§ 21–310. Single custodianship
§ 21–311. Validity and effect of transfer
§ 21–312. Care of custodial property
§ 21–314. Use of custodial property
§ 21–315. Custodian’s expenses; compensation; bond
§ 21–316. Exemption of third person from liability
§ 21–317. Liability to third persons
§ 21–319. Accounting by and determination of liability of custodian
§ 21–320. Termination of custodianship
§ 21–322. Effect of existing custodianships