§ 18-7-19. Renunciation, resignation, death, or removal of custodian — Designation of successor
custodian.
(a) A person nominated under § 18-7-4 or designated under § 18-7-10 as custodian may decline to serve by delivering a disclaimer to the person who made
the nomination or to the transferor or the transferor's legal representative. If the
event giving rise to a transfer has not occurred and no substitute custodian able,
willing, and eligible to serve was nominated under § 18-7-4, the person who made the nomination may nominate a substitute custodian under § 18-7-4; otherwise, the transferor or the transferor's legal representative shall designate
a substitute custodian at the time of the transfer, in either case from among the
persons eligible to serve as custodian for that kind of property under § 18-7-10(a). The designated custodian has the rights of a successor custodian.
(b) A custodian at any time may designate a trust company or an adult other than a transferor
under § 18-7-5 as successor custodian by executing and dating an instrument of designation before
a subscribing witness other than the successor. If the instrument of designation does
not contain or is not accompanied by the resignation of the custodian, the designation
of the successor does not take effect until the custodian resigns, dies, becomes incapacitated,
or is removed.
(c) A custodian may resign at any time by delivering written notice to the minor if the
minor has attained the age of fourteen (14) years and to the successor custodian,
and by delivering the custodial property to the successor custodian.
(d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively
designated a successor and the minor has attained the age of fourteen (14) years,
the minor may designate as successor custodian, in the manner prescribed in subsection
(b) of this section, an adult member of the minor's family, a guardian of the minor,
or a trust company. If the minor has not attained the age of fourteen (14) years or
fails to act within sixty (60) days after the ineligibility, death, or incapacity,
the guardian of the minor becomes successor custodian. If the minor has no guardian
or the guardian declines to act, the transferor, the legal representative of the transferor
or of the custodian, an adult member of the minor's family, or any other interested
person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under subsection (a) of this section or resigns
under subsection (c) of this section, or the legal representative of a deceased or
incapacitated custodian, as soon as practicable, shall put the custodial property
and records in the possession and control of the successor custodian. The successor
custodian by action may enforce the obligation to deliver custodial property and records
and becomes responsible for each item as received.
(f) A transferor, the legal representative of a transferor, an adult member of the minor's
family, a guardian of the person or the estate of the minor, or the minor if the minor
has attained the age of fourteen (14) years may petition the court to remove the custodian
for cause and to designate a successor custodian other than a transferor under § 18-7-5 or to require the custodian to give appropriate bond.