14-9110. Determination of incapacity;
effect


A. The custodial trustee shall administer the custodial trust as for an
incapacitated beneficiary if either:


1. The custodial trust was created under section 14-9105.


2. The transferor has so directed in the instrument creating the custodial trust.


3. The custodial trustee has determined that the beneficiary is incapacitated.


B. A custodial trustee may determine that the beneficiary is incapacitated by
relying on:


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.


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, 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 a 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.


4. Any immunities of third persons acting on instructions of the custodial trustee.