(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property or (iii) 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 therefor.
(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.
Structure West Virginia Code
Chapter 36. Estates and Property
Article 7. Uniform Transfers to Minors Act
§36-7-2. Scope and Jurisdiction
§36-7-3. Nomination of Custodian
§36-7-4. Transfer by Gift or Exercise of Power of Appointment
§36-7-5. Transfer Authorized by Will or Trust
§36-7-6. Other Transfer by Fiduciary
§36-7-8. Receipt for Custodial Property
§36-7-10. Single Custodianship
§36-7-11. Validity and Effect of Transfer
§36-7-12. Care of Custodial Property
§36-7-14. Use of Custodial Property
§36-7-15. Custodian's Expenses, Compensation, and Bond
§36-7-16. Exemption of Third Person From Liability
§36-7-17. Liability to Third Persons
§36-7-19. Accounting by and Determination of Liability of Custodian
§36-7-20. Termination of Custodianship
§36-7-22. Effect on Existing Custodianships