Iowa § 633F.10 Determination of incapacity — effect

Iowa Statutes

§ 633F.10 — Determination of incapacity — effect

Iowa § 633F.10

Title XVJUDICIAL BRANCH AND JUDICIAL PROCEDURES

Ch. 633FIOWA UNIFORM CUSTODIAL TRUST ACT

This text of Iowa § 633F.10 (Determination of incapacity — effect) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 633F.10 (2026).

Text

1.The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary in any of the following circumstances:

a.The custodial trust was created under section 633F.5.

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

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

2.A custodial trustee may determine that the beneficiary is incapacitated in reliance upon any of the following:

a.Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney.

b.Written documentation from the beneficiary’s physician.

c.Other persuasive evidence.

3.If a custodial trustee for an incapacitated beneficiary reasonably concludes tha

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1. The custodial trustee shall administer the custodial trust as for an incapacitated
beneficiary in any of the following circumstances:
a. The custodial trust was created under section 633F.5.
b. The transferor has so directed in the instrument creating the custodial trust.
c. The custodial trustee has determined that the beneficiary is incapacitated.
2. A custodial trustee may determine that the beneficiary is incapacitated in reliance upon
any of the following:
a. Previous direction or authority given by the beneficiary while not incapacitated,
including direction or authority pursuant to a durable power of attorney.
b. Written documentation from the beneficiary’s physician.
c. Other persuasive evidence.
3. 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.
4. 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.
5. Absent determination of incapacity of the beneficiary under subsection 2 or 4, 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.
6. Incapacity of a beneficiary does not terminate the custodial trust, any designation of a
successor custodial trustee, rights or powers of the custodial trustee, or any immunities of
third persons acting on instructions of the custodial trustee.