Indiana § 30-2-8.6-30 Administering custodial trust for incapacitated beneficiary

Indiana Statutes

§ 30-2-8.6-30 — Administering custodial trust for incapacitated beneficiary

Indiana § 30-2-8.6-30

Art. 2GENERAL PROVISIONS

Ch. 8.6Uniform Custodial Trust Act

This text of Indiana § 30-2-8.6-30 (Administering custodial trust for incapacitated beneficiary) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 30-2-8.6-30 (2026).

Text

(a)The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if:

(1)the custodial trust was created under section 25 of this chapter;

(2)the transferor has so directed in the instrument creating the custodial trust; or

(3)the custodial trustee has determined that the beneficiary is incapacitated.

(b)A custodial trustee may determine that the beneficiary is incapacitated in reliance upon:

(1)previous direction or authority given by the beneficiary while not incapacitated, including direction or authority under a durable power of attorney;

(2)the certificate of the beneficiary's physician; or

(3)other persuasive evidence.

(c)If a custodial trustee for an incapacitated beneficiary reasonably concludes that:

(1)the beneficiary's incapacity has cea

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(a) The custodial trustee shall administer the
custodial trust as for an incapacitated beneficiary if:
(1) the custodial trust was created under section 25 of this
chapter;
(2) the transferor has so directed in the instrument creating the
custodial trust; or
(3) the custodial trustee has determined that the beneficiary is
incapacitated.
(b) A custodial trustee may determine that the beneficiary is
incapacitated in reliance upon:
(1) previous direction or authority given by the beneficiary while
not incapacitated, including direction or authority under a durable
power of attorney;
(2) the certificate of the beneficiary's physician; or
(3) other persuasive evidence.
(c) If a custodial trustee for an incapacitated beneficiary reasonably
concludes that:
(1) the beneficiary's incapacity has ceased; or
(2) 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) Upon the petition of:
(1) the beneficiary;
(2) the custodial trustee; or
(3) another person interested in:
(A) the custodial trust property; or
(B) the welfare of the beneficiary;
the court shall determine whether the beneficiary is incapacitated.
(e) If:
(1) the custodial trustee or a court has not determined that a
beneficiary is incapacitated under subsection (b) or (d); and
(2) the custodial trustee has reason to believe that the beneficiary
is incapacitated;
the custodial trustee 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; or
(4) any immunities of third persons acting on the instructions of
the custodial trustee.