38-1718. Liability to third persons. (a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) 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 therefor.
(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 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.
History: L. 1985, ch. 143, ยง 17; July 1.
Structure Kansas Statutes
Article 17 - Uniform Transfers To Minors Act
38-1703 Scope and jurisdiction.
38-1704 Nomination of custodian.
38-1705 Transfer by gift or exercise of power of appointment.
38-1706 Transfer authorized by will or trust.
38-1707 Other transfer by fiduciary.
38-1709 Receipt for custodial property.
38-1712 Validity and effect of transfer.
38-1713 Care of custodial property.
38-1715 Use of custodial property.
38-1716 Custodian's expenses, compensation and bond.
38-1717 Exemption of third person from liability.
38-1718 Liability to third persons.
38-1720 Accounting by and determination of liability of custodian.
38-1721 Termination of custodianship.
38-1723 Effect on existing custodianships.