WILLIAM DONALD SCHAEFER, Governor Ch. 638

incapacitated has been designated as provided in subsection (a)
of this section, 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 14 years, may
petition the court for the designation of a successor custodian.
If the minor has become eligible to receive the custodial
property by his attainment of the age specified in § 13-304(d) of
this subtitle, a petition for the designation of a successor
custodian need not be filed. The minor may obtain the custodial
property upon presentation by the minor of evidence:

(i) Of the legal incapacity or death of the
custodian; and

(ii) That the minor has attained the specified
age.

(3) Nothing in this subsection shall affect the power
of a personal representative or trustee to appoint a custodian
pursuant to § 13-302(a)(7) or (8) of this subtitle, or the power
of an owner of a life insurance policy or annuity contract to
appoint a successor custodian pursuant to § 13-302(d).

(e)  A donor, the legal representative of a donor, a
successor custodian, an adult member of the minor's family, a
guardian of the minor or the minor, if he has attained the age of
14 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 alternative, that the custodian be required
to give bond for the performance 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.]

[13-308.

(a)  The minor, if he has attained the age of 14 years, or
the legal representative of the minor, an adult member of the
minor's family, or a donor or his legal representative may
petition the court for an accounting by the custodian or his
legal representative.

(b)  The court, in a proceeding under this subtitle or
otherwise, may require or permit the custodian or his legal
representative to account and, if the custodian is removed, shall
so require and order delivery of all custodial property to the
successor custodian and the execution of all instruments required
for the transfer thereof.]

- 3809 -