A. A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only.
B. This section does not relieve a custodian from liability for breach of Section 13 [46-7-23 NMSA 1978] of the Uniform Transfers to Minors Act.
History: Laws 1989, ch. 357, ยง 14.
Structure New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 7 - Transfers to Minors
Section 46-7-1 to 46-7-10 - Repealed.
Section 46-7-11 - Short title.
Section 46-7-12 - Definitions.
Section 46-7-13 - Scope and jurisdiction.
Section 46-7-14 - Nomination of custodian.
Section 46-7-15 - Transfer by gift or exercise of power of appointment.
Section 46-7-16 - Transfer authorized by will or trust.
Section 46-7-17 - Other transfer by fiduciary.
Section 46-7-18 - Transfer by obligor.
Section 46-7-19 - Receipt for custodial property.
Section 46-7-21 - Single custodianship.
Section 46-7-22 - Validity and effect of transfer.
Section 46-7-23 - Care of custodial property.
Section 46-7-24 - Powers of custodian.
Section 46-7-25 - Use of custodial property.
Section 46-7-26 - Custodian's expenses, compensation and bond.
Section 46-7-27 - Exemption of third person from liability.
Section 46-7-28 - Liability to third persons.
Section 46-7-30 - Accounting by and determination of liability of custodian.
Section 46-7-31 - Termination of custodianship.
Section 46-7-32 - Applicability.
Section 46-7-33 - Effect on existing custodianships.
Section 46-7-34 - Uniformity of application and construction.