Sec. 32. (a) A claim based on:
(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 both; or
(3) a tort committed during the custodianship;
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.
(b) A custodian is not personally liable:
(1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and fails 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.
As added by P.L.267-1989, SEC.2.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 8.5. Indiana Uniform Transfers to Minors Act
30-2-8.5-2. "Benefit Plan" Defined
30-2-8.5-4. "Custodial Property" Defined
30-2-8.5-5. "Custodian" Defined
30-2-8.5-6. "Financial Institution" Defined
30-2-8.5-7. "Guardian" Defined
30-2-8.5-8. "Legal Representative" Defined
30-2-8.5-9. "Members of the Minor's Family" Defined
30-2-8.5-12. "Personal Representative" Defined
30-2-8.5-14. "Transfer" Defined
30-2-8.5-15. "Transferor" Defined
30-2-8.5-16. "Trust Company" Defined
30-2-8.5-17. Scope and Jurisdiction
30-2-8.5-18. Nomination of Custodian
30-2-8.5-19. Transfer by Gift or Exercise of Power of Appointment
30-2-8.5-20. Transfer Authorized by Will or Trust; Designation of Custodian
30-2-8.5-21. Other Transfers by Fiduciary; Guardian as Custodian
30-2-8.5-22. Transfer by Obligor
30-2-8.5-23. Receipt for Custodial Property
30-2-8.5-25. Single Custodianship
30-2-8.5-26. Validity and Effect of Transfer
30-2-8.5-27. Care of Custodial Property
30-2-8.5-28. Powers of Custodian
30-2-8.5-29. Use of Custodial Property; Transfer of Property to Trust
30-2-8.5-30. Custodian's Expenses, Compensation, and Bond
30-2-8.5-31. Exemption of Third Person From Liability
30-2-8.5-32. Liability to Third Person
30-2-8.5-34. Accounting by and Determination of Liability of Custodian
30-2-8.5-35. Termination of Custodianship
30-2-8.5-37. Effect on Existing Custodianships