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Session Laws, 1989
Volume 771, Page 3821   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 638

SUBSECTION (B) OF THIS SECTION, AN ADULT MEMBER OF THE MINOR'S
FAMILY, A CONSERVATOR OF THE MINOR, OR A TRUST COMPANY.

(2)  IF THE MINOR HAS NOT ATTAINED THE AGE OF 14 YEARS
OR FAILS TO ACT WITHIN 60 DAYS AFTER THE INELIGIBILITY, DEATH, OR
INCAPACITY, THE CONSERVATOR OF THE MINOR BECOMES SUCCESSOR
CUSTODIAN.

(3)  IF THE MINOR HAS NO CONSERVATOR OR THE
CONSERVATOR 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)  (1) 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.

(2) 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
OF THE MINOR, THE CONSERVATOR OF THE MINOR, OR THE MINOR IF THE
MINOR HAS ATTAINED THE AGE OF 14 YEARS MAY PETITION THE COURT TO
REMOVE THE CUSTODIAN FOR CAUSE AND TO DESIGNATE A SUCCESSOR
CUSTODIAN OTHER THAN A TRANSFEROR UNDER § 13-304 OF THIS SUBTITLE
OR TO REQUIRE THE CUSTODIAN TO GIVE APPROPRIATE BOND.

13-319.

(A)  A MINOR WHO HAS ATTAINED THE AGE OF 14 YEARS, THE
MINOR'S GUARDIAN OF THE PERSON OR LEGAL REPRESENTATIVE, AN ADULT
MEMBER OF THE MINOR'S FAMILY, A TRANSFEROR, OR A TRANSFEROR'S
LEGAL REPRESENTATIVE MAY PETITION THE COURT FOR:

(1)  AN ACCOUNTING BY THE CUSTODIAN OR THE CUSTODIAN'S
LEGAL REPRESENTATIVE; OR

(2)  A DETERMINATION OF RESPONSIBILITY, AS BETWEEN THE
CUSTODIAL PROPERTY AND THE CUSTODIAN PERSONALLY, FOR CLAIMS
AGAINST THE CUSTODIAL PROPERTY UNLESS THE RESPONSIBILITY HAS BEEN
ADJUDICATED IN AN ACTION UNDER § 13-317 OF THIS SUBTITLE TO WHICH
THE MINOR OR THE MINOR'S LEGAL REPRESENTATIVE WAS A PARTY.

(B)  A SUCCESSOR CUSTODIAN MAY PETITION THE COURT FOR AN
ACCOUNTING BY THE PREDECESSOR CUSTODIAN.

- 3821 -

 

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Session Laws, 1989
Volume 771, Page 3821   View pdf image
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