SPIRO T. AGNEW, Governor 563
item of the custodial property, together with the instrument of
designation of the successor custodian or a true copy thereof and any
additional instruments required for the transfer thereof to the suc-
cessor custodian.
(c) [A custodian, whether or not a donor, may petition the
court for permission to resign and for the designation of a successor
custodian.] A custodian who executes an instrument of designation
of his successor containing the custodian's resignation as provided in
subsection (a) shall promptly do all things within his power to put
each item of the custodial property in the possession and control of
the successor custodian named in the instrument. The legal repre-
sentative of a custodian who dies or becomes legally incapacitated
shall promptly do all things within his power to put each item of the
custodial property in the possession and control of the successor
custodian named in an instrument of designation executed as pro-
vided in subsection (a) by the custodian or, if none, in the pos-
session and control of the guardian of the minor if he has a guardian.
If the custodian has executed as provided in subsection (a) more
than one instrument of designation, his legal representative shall
treat the instrument dated on an earlier date as having been revoked
by the instrument dated on a later date.
(d) If [the] a person designated as custodian or as successor
custodian by the custodian as provided in subsection (a) is not
eligible, [renounces or] dies or becomes legally incapacitated before
the minor attains the age of twenty-one years, and if the minor has a
guardian, the guardian of the minor shall be custodian or successor
custodian. If the minor has no guardian and if no successor custodian
who is eligible and has not died ot OR become legally incapacitated has
been designated as provided in subsection (a), a donor, his legal
representative, the legal representative of the custodian[,] or an
adult member of the minor's family, or the minor, if he has attained
the age of fourteen years, may petition the court for the designation
of a successor custodian. Nothing in this subsection (d) shall affect
the power of a personal representative or trustee to appoint a
custodian pursuant to paragraphs (5) and (6) of subsection 214(a)
of this subtitle.
(e) A donor, the legal representative of a donor, a successor cus-
todian, an adult member of the minor's family, a guardian of the
minor or the minor, if he has attained the age of fourteen years, may
petition the court that, for cause shown in the petition, the custodian
be removed and a successor custodian be designated or, in the alter-
native, that the custodian be required to give bond for the perform-
ance of his duties.
(f) Upon the filing of a petition as provided in this section, the
court shall grant an order, directed to the persons concerned and
returnable on such notice as the court may require, to show cause why
the relief prayed for in the petition should not be granted, and, in
due course, grant such relief as the court finds to be in the best
interests of the minor.
Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1967, and shall be applicable to gifts made under this sub-
title before, on or after that date.
Approved April 14, 1967.
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