633F.7 General duties of custodial trustee.
1. If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
2. 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 prudent investment standards set forth in section 633.123. 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.
3. Subject to subsection 2, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
4. 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 so identifying the property is recorded, and custodial trust property subject to registration is so 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 Iowa Uniform Custodial Trust Act”.
5. 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.
6. 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.
2021 Acts, ch 8, §7
Referred to in §633F.8
NEW section
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT
Section 633F.2 - Custodial trust — general.
Section 633F.3 - Custodial trustee for future payment or transfer.
Section 633F.4 - Form and effect of receipt and acceptance by custodial trustee — jurisdiction.
Section 633F.5 - Transfer to custodial trustee by fiduciary or obligor — facility of payment.
Section 633F.6 - Single beneficiaries — separate trust accounts.
Section 633F.7 - General duties of custodial trustee.
Section 633F.8 - General powers of custodial trustee.
Section 633F.9 - Use of custodial trust property.
Section 633F.10 - Determination of incapacity — effect.
Section 633F.11 - Exemption of third person from liability.
Section 633F.12 - Liability to third person.
Section 633F.14 - Expenses, compensation, and bond of custodial trustee.
Section 633F.16 - Limitations of action against custodial trustee.
Section 633F.17 - Distribution on termination.
Section 633F.18 - Methods and forms for creating custodial trusts.
Section 633F.19 - Applicable law.
Section 633F.20 - Uniformity of application and construction.