A. A claim based on:
(1) a contract entered into by a custodian acting in a custodial capacity;
(2) an obligation arising from the ownership or control of custodial property; or
(3) 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 therefore.
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: Laws 1989, ch. 357, ยง 18.
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Section 46-7-1 to 46-7-10 - Repealed.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.