54.962 General duties of custodial trustee.
(1) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(2) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
(3) Subject to sub. (2), a custodial trustee shall take control of and collect, hold, manage, invest and reinvest custodial trust property.
(4) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered or held in an account in the name of the custodial trustee designated in substance: “as custodial trustee for .... (name of beneficiary) under the Wisconsin Uniform Custodial Trust Act".
(5) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
(6) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
History: 1991 a. 246; 2005 a. 387 s. 560; Stats. 2005 s. 54.962.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 54 - Guardianships and conservatorships.
54.10 - Appointment of guardian.
54.12 - Exceptions to appointment of guardian.
54.15 - Selection of guardian; nominations; preferences; other criteria.
54.18 - General duties and powers of guardian; limitations; immunity.
54.19 - Duties of guardian of the estate.
54.20 - Powers of guardian of the estate.
54.21 - Petition to transfer ward's assets to another.
54.22 - Petition for authority to sell, mortgage, pledge, lease, or exchange ward's property.
54.25 - Duties and powers of guardian of the person.
54.26 - Guardian training requirements.
54.30 - Jurisdiction and venue.
54.34 - Petition for guardianship or for receipt and acceptance of a foreign guardianship.
54.36 - Examination of proposed ward.
54.40 - Guardian ad litem; appointment; duties; termination.
54.42 - Rights of proposed ward or ward.
54.46 - Disposition of petition.
54.47 - Lis pendens, void contracts.
54.48 - Protective placement and protective services.
54.50 - Temporary guardianships.
54.625 - Transfer of guardianship funds of a Menominee.
54.63 - Expansion of order of guardianship; procedure.
54.64 - Review of incompetency and termination of guardianship.
54.68 - Review of conduct of guardian.
54.72 - Guardian compensation and reimbursement.
54.74 - Compensation of guardian ad litem.
54.75 - Access to court records.
54.76 - Conservator; appointment; duties and powers; termination.
54.852 - United States uniform veterans guardianship act.
54.854 - Uniform transfers to minors act; definitions.
54.856 - Scope and jurisdiction.
54.858 - Nomination of custodian.
54.860 - Transfer by gift or exercise of power of appointment.
54.862 - Transfer authorized by will or trust.
54.864 - Other transfer by fiduciary.
54.868 - Receipt for custodial property.
54.872 - Single custodianship.
54.874 - Validity and effect of transfer.
54.876 - Care of custodial property.
54.880 - Use of custodial property.
54.882 - Custodian's expenses, compensation and bond.
54.884 - Exemption of 3rd person from liability.
54.886 - Liability to 3rd persons.
54.890 - Accounting by and determination of liability of custodian.
54.892 - Termination of custodianship.
54.896 - Effect on existing custodianships.
54.898 - Uniformity of application and construction.
54.92 - Uniform securities ownership by minors act.
54.93 - Securities ownership by incompetents and spendthrifts.
54.952 - Custodial trust; general.
54.954 - Custodial trustee for future payment or transfer.
54.956 - Form and effect of receipt and acceptance by custodial trustee, jurisdiction.
54.958 - Transfer to custodial trustee by fiduciary or obligor; facility of payment.
54.960 - Multiple beneficiaries; separate custodial trusts; survivorship.
54.962 - General duties of custodial trustee.
54.964 - General powers of custodial trustee.
54.966 - Use of custodial trust property.
54.968 - Determination of incapacity; effect.
54.970 - Exemption of 3rd person from liability.
54.972 - Liability to 3rd person.
54.976 - Expenses, compensation and bond of custodial trustee.
54.980 - Limitations of action against custodial trustee.
54.982 - Distribution on termination.