Section 13.60.060. General duties of custodial trustee.

   (a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
   (b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by another law, except AS 13.90.010, restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
   (c) Subject to (b) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property. 
                                                                 
  (d) A custodial trustee at all times shall keep custodial trust
property of which the custodial trustee has control, separate from all 
other property in a manner sufficient to identify it clearly as        
custodial trust property of the beneficiary. Custodial trust property, 
the title to which is subject to recordation, is identified as required
by this subsection if an appropriate instrument identifying the
 property is recorded, and custodial trust property subject to         
registration is identified as required by this subsection if it is     
registered, or held in an account in the name of the custodial trustee,
designated in substance 'as custodial trustee for _____________ (name
 of beneficiary) under the Alaska Uniform Custodial Trust Act.'        
  (e) A custodial trustee shall keep records of all transactions 
with respect to custodial trust property, including information        
necessary for the preparation of tax returns, and shall make the
 records and information available at reasonable times to the          
beneficiary or legal representative of the beneficiary.         
   (f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.

Authorities

13.60.050;13.60.070

Notes

References

AS 13.60.050 Multiple beneficiaries; separate custodial trusts; survivorship.
AS 13.60.070 General powers of custodial trustee.

History

(Sec. 1 ch 10 SLA 1994; am Sec. 3 ch 10 SLA 1996)