Maine Code § 33-1663

Care of custodial property
Open in Lexace · Ask the AI about this section
1. Duties. A custodian shall:
A. Take control of custodial property; [PL 1987, c. 734, §2 (NEW).]
B. Register or record title to custodial property if appropriate; and [PL 1987, c. 734, §2 (NEW).]
C. Collect, hold, manage, invest and reinvest custodial property. [PL 1987, c. 734, §2 (NEW).]
[PL 1987, c. 734, §2 (NEW).]
2. Standard of care. In dealing with custodial property, a custodian 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. If a custodian has a special skill or expertise or is
named custodian on the basis of representations of a special skill or expertise, the custodian shall use
that skill or expertise. A custodian, in the custodian's discretion and without liability to the minor or
the minor's estate, may retain any custodial property received from a transferor.
[PL 1987, c. 734, §2 (NEW).]
3. Insurance investment. A custodian may invest in or pay premiums on life insurance or
endowment policies on the life of the minor only if the minor or the minor's estate is the sole beneficiary;
or the life of another person in whom the minor has an insurable interest only to the extent that the
minor, the minor's estate or the custodian in the capacity of custodian is the irrevocable beneficiary.
[PL 1987, c. 734, §2 (NEW).]
4. Identification of custodial property. A custodian at all times shall keep custodial property
separate and distinct from all other property in a manner sufficient to identify it clearly as custodial
property of the minor. Custodial property consisting of an undivided interest is so identified if the
minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation

is so identified if it is recorded and custodial property subject to registration is so identified if it is either
registered or held in an account designated, in the name of the custodian, followed in substance by the
words "as a custodian for.................(name of minor) under the Maine Uniform Transfers to Minors
Act."
[PL 1987, c. 734, §2 (NEW).]
5. Records. A custodian shall keep records of all transactions with respect to custodial property,
including information necessary for the preparation of the minor's tax returns and shall make them
available for inspection at reasonable intervals by a parent or legal representative of the minor or by the
minor, if the minor has attained 14 years of age.
[PL 1987, c. 734, §2 (NEW).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.