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Session Laws, 1973
Volume 709, Page 1352   View pdf image
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1352                                      LAWS OF MARYLAND                                Ch. 651

may make any distribution to a [minor] PERSON UNDER EIGHTEEN
YEARS OF AGE in accordance with the provisions of Section 501 of Article 93A
or the will.

11-108.

(a) Unless the instrument creating a power of appointment expressly provides to
the contrary, such power may be wholly or partially released as to all or any
portion of the assets subject thereto by an instrument signed by the person holding
the power and attested by two witnesses. If such person is [a minor] UNDER
EIGHTEEN YEARS OF AGE or is otherwise under disability, a release pursuant
to this section may be exercised by order of the court having jurisdiction of the
person or property of the individual under disability. A release pursuant to this
section shall identify the instrument creating the power of appointment; the place
such instrument was recorded or admitted to probate; a statement of the extent to
which the power is released; and any limitation which the release, if partial, places
upon the persons, objects or classes thereof in whose favor the power would
otherwise be exercisable. Such release, whether or not for consideration or under
seal, after delivery as provided in subsection (b), shall be irrevocable from and
after the time that it is delivered.

SECTION 45. AND BE IT FURTHER ENACTED, That Sections 301(a) and
(m), 304(d), and 307(d) of Article 93A of the Annotated Code of Maryland (1969
Replacement Volume), title "Protection of Minors and Other Persons Under
Disability," subtitle "Subtitle 3. Uniform Gifts to Minors Act," be and the same
are hereby repealed and re-enacted, with amendments, to read as follows:

301.

(a) An "adult" is a person who has attained the age of [twenty-one]
EIGHTEEN years.

(m) A "minor" is a person who has not attained the age of [twenty-one]
EIGHTEEN years.

304.

(d) Duty to deliver, convey, or pay over unexpended custodial property. To the
extent that the custodial property is not expended, the custodian shall deliver,
convey, or pay it over to the minor on his attaining the age of [twenty-one]
EIGHTEEN years or, if the minor dies before attaining the age of [twenty-one]
EIGHTEEN years, he shall thereupon deliver or pay it over to the estate of the
minor.

307.

(d) Ineligibility, death or incapacity of custodian or successor custodian. If a
person designated as custodian or as successor custodian or by the custodian as
provided in subsection (a) is not eligible, dies or becomes legally incapacitated
before the minor attains the age of [twenty-one] EIGHTEEN 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 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 shall affect the power of a personal
representative or trustee to appoint a custodian pursuant to paragraphs (7) and (8)
of subsection 302(a) of this subtitle, or the power of an owner of a life insurance
policy or annuity contract to appoint a successor custodian pursuant to subsection

 

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Session Laws, 1973
Volume 709, Page 1352   View pdf image
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