(a) The validity of a transfer made in a manner prescribed in this article is not affected by:
(1) failure of the transferor to comply with Section 63-5-645(c) concerning possession and control;
(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under Section 63-5-645(a); or
(3) death or incapacity of a person nominated under Section 63-5-615 or designated under Section 63-5-645 as custodian or the disclaimer of the office by that person.
(b) A transfer made pursuant to Section 63-5-645 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this article, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this article.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this article and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this article.
HISTORY: 2022 Act No. 128 (H.3821), Section 1, eff April 4, 2022.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 5 - Legal Status Of Children
Section 63-5-10. Spousal and child support.
Section 63-5-20. Obligation to support.
Section 63-5-30. Rights and duties of parents regarding minor children.
Section 63-5-40. Breastfeeding.
Section 63-5-50. Parental immunity in cases of incorrigibility of seventeen year old.
Section 63-5-60. Parental civil liability for damage to State property.
Section 63-5-70. Unlawful conduct toward a child.
Section 63-5-80. Cruelty to children.
Section 63-5-310. Ratification of minor's contracts.
Section 63-5-320. Minor's capacity to borrow for higher education.
Section 63-5-330. Married minors consent to health procedures.
Section 63-5-340. Minor's consent to health services.
Section 63-5-350. Health services to minors without parental consent.
Section 63-5-360. Minor parent consent to health services for child.
Section 63-5-370. Consent not subject to disaffirmance.
Section 63-5-601. Short title.
Section 63-5-605. Definitions.
Section 63-5-610. Scope and jurisdiction.
Section 63-5-615. Nomination of custodian.
Section 63-5-620. Transfer by gift or exercise of power of appointment.
Section 63-5-625. Transfer authorized by will or trust.
Section 63-5-630. Other transfer by fiduciary.
Section 63-5-635. Transfer by obligor.
Section 63-5-640. Receipt for custodial property.
Section 63-5-650. Single custodianship.
Section 63-5-655. Validity and effect of transfer.
Section 63-5-660. Care of custodial property.
Section 63-5-665. Powers of custodian.
Section 63-5-670. Use of custodial property.
Section 63-5-675. Custodian's expenses, compensation, and bond.
Section 63-5-680. Exemption of third person from liability.
Section 63-5-685. Liability to third persons.
Section 63-5-695. Accounting by and determination of liability of custodian.
Section 63-5-700. Termination of custodianship.
Section 63-5-705. Applicability.
Section 63-5-710. Effect on existing custodianships.
Section 63-5-715. Uniformity of application and construction.
Section 63-5-900. Citation of article.