Rhode Island General Laws
Chapter 18-13 - Rhode Island Uniform Custodial Trust Act
Section 18-13-10. - Determination of incapacity — Effect.

§ 18-13-10. Determination of incapacity — Effect.
(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if:
(1) The custodial trust was created under § 18-13-5;
(2) The transferor has so directed in the instrument creating the custodial trust; or
(3) The custodial trustee has determined that the beneficiary is incapacitated.
(b) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon:
(1) Previous direction or authority given by the beneficiary while not incapacitated; including direction or authority pursuant to a durable power of attorney,
(2) The certificate of the beneficiary’s physician; or
(3) Other persuasive evidence.
(c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary’s incapacity has ceased, or that circumstances concerning the beneficiary’s ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
(d) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
(e) Absent determination of incapacity of the beneficiary under subsection (b) or (d) of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.
(f) Incapacity of a beneficiary does not terminate:
(1) The custodial trust;
(2) Any designation of a successor custodial trustee;
(3) Rights or powers of the custodial trustee; or
(4) Any immunities of third persons acting on instructions of the custodial trustee.
History of Section.P.L. 1988, ch. 623, § 1.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 18 - Fiduciaries

Chapter 18-13 - Rhode Island Uniform Custodial Trust Act

Section 18-13-1. - Definitions.

Section 18-13-2. - Custodial trust — General.

Section 18-13-3. - Custodial trustee for future payment or transfer.

Section 18-13-4. - Form and effect of receipt and acceptance by custodial trustee — Jurisdiction.

Section 18-13-5. - Transfer to custodial trustee by fiduciary or obligor — Facility of payment.

Section 18-13-6. - Multiple beneficiaries — Separate custodial trusts — Survivorship.

Section 18-13-7. - General duties of custodial trustee.

Section 18-13-8. - General powers of custodial trustee.

Section 18-13-9. - Use of custodial trust property.

Section 18-13-10. - Determination of incapacity — Effect.

Section 18-13-11. - Exemption of third person from liability.

Section 18-13-12. - Liability to third person.

Section 18-13-13. - Declination, resignation, incapacity, death, or removal of custodial trustee — Designation of successor custodial trustee.

Section 18-13-14. - Expenses, compensation, and bond of custodial trustee.

Section 18-13-15. - Reporting and accounting by custodial trustee — Determination of liability of custodial trustee.

Section 18-13-16. - Limitations of action against custodial trustee.

Section 18-13-17. - Distribution on termination.

Section 18-13-18. - Methods and forms for creating custodial trusts.

Section 18-13-19. - Applicable law.

Section 18-13-20. - Uniformity of application of construction.

Section 18-13-21. - Short title.

Section 18-13-22. - Severability.