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 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.
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 Nevada Uniform Custodial Trust Act."
5. A custodial trustee shall keep records of all transactions with respect to custodial trust property, including, without limitation, 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.
(Added to NRS by 2007, 287)
Structure Nevada Revised Statutes
Chapter 166A - Custodial Trusts (Uniform Act)
NRS 166A.030 - Adult" defined.
NRS 166A.040 - Beneficiary" defined.
NRS 166A.050 - Conservator" defined.
NRS 166A.060 - Court" defined.
NRS 166A.070 - Custodial trust property" defined.
NRS 166A.080 - Custodial trustee" defined.
NRS 166A.090 - Guardian" defined.
NRS 166A.100 - Incapacitated" defined.
NRS 166A.110 - Legal representative" defined.
NRS 166A.120 - Member of the beneficiary’s family" defined.
NRS 166A.130 - Person" defined.
NRS 166A.140 - Personal representative" defined.
NRS 166A.150 - State" defined.
NRS 166A.160 - Transferor" defined.
NRS 166A.170 - Trust company" defined.
NRS 166A.180 - Custodial trust; general.
NRS 166A.190 - Custodial trustee for future payment or transfer.
NRS 166A.200 - Form and effect of receipt and acceptance by custodial trustee; jurisdiction.
NRS 166A.210 - Transfer to custodial trustee by fiduciary or obligor; facility of payment.
NRS 166A.220 - Multiple beneficiaries; separate custodial trusts; survivorship.
NRS 166A.230 - General duties of custodial trustee.
NRS 166A.240 - General powers of custodial trustee.
NRS 166A.250 - Use of custodial trust property.
NRS 166A.260 - Determination of incapacity; effect.
NRS 166A.270 - Exemption of third person from liability.
NRS 166A.280 - Liability to third person.
NRS 166A.300 - Expenses, compensation and bond of custodial trustee.
NRS 166A.320 - Limitations of action against custodial trustee.
NRS 166A.330 - Distribution on termination.
NRS 166A.340 - Methods and forms for creating custodial trusts.