Sec. 27. (a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
(c) Subject to subsection (b), a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument identifying the property is recorded, and custodial trust property subject to registration is identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".
(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
(f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
As added by P.L.3-2003, SEC.1.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 8.6. Uniform Custodial Trust Act
30-2-8.6-2. Transfer Under Other State's Law; Enforcement
30-2-8.6-7. "Custodial Trust Property"
30-2-8.6-8. "Custodial Trustee"
30-2-8.6-11. "Legal Representative"
30-2-8.6-12. "Member of the Beneficiary's Family"
30-2-8.6-14. "Personal Representative"
30-2-8.6-18. Creating a Custodial Trust
30-2-8.6-19. Terminating a Custodial Trust
30-2-8.6-20. Adding Trust Property
30-2-8.6-21. Successor Custodial Trustee
30-2-8.6-22. Creation and Enforcement of Trust Under Other Law
30-2-8.6-23. Custodial Trust Upon Occurrence of Future Event
30-2-8.6-24. Custodial Trustee's Acceptance of Trust Property
30-2-8.6-25. Transfer for Use and Benefit of Incapacitated Individual
30-2-8.6-26. Multiple Beneficiaries
30-2-8.6-27. Custodial Trustee's Powers and Duties
30-2-8.6-28. Rights and Powers
30-2-8.6-29. Distribution of Custodial Trust Property
30-2-8.6-30. Administering Custodial Trust for Incapacitated Beneficiary
30-2-8.6-31. Reliance on Person Purporting to Be Custodial Trustee
30-2-8.6-32. Claim by Third Person Against Custodial Trustee
30-2-8.6-33. Resigning or Declining to Serve as Custodial Trustee
30-2-8.6-34. Compensation of Custodial Trustee
30-2-8.6-35. Written Statement of Trust Administration; Petition for Accounting
30-2-8.6-36. Claim Against Custodial Trustee's Claim Barred Against Other Parties
30-2-8.6-37. Termination of a Custodial Trust