Louisiana Revised Statutes 9:769 – Accounting by and liability of custodian
Terms Used In Louisiana Revised Statutes 9:769
- Adult: means an individual who has attained the age of twenty-two years. See Louisiana Revised Statutes 9:751
- Court: means a court of competent jurisdiction in the parish of the domicile of the minor. See Louisiana Revised Statutes 9:751
- Custodial property: means any interest in property transferred to a custodian under this Subpart and the income from and proceeds of that interest in property. See Louisiana Revised Statutes 9:751
- Custodian: means a person so designated under Louisiana Revised Statutes 9:751
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Legal representative: means an individual's personal representative or tutor. See Louisiana Revised Statutes 9:751
- Minor: means an individual who has not attained the age of twenty-two years. See Louisiana Revised Statutes 9:751
- Person: means an individual, corporation, organization, or other legal entity. See Louisiana Revised Statutes 9:751
- Transfer: means a transaction that creates custodial property under Louisiana Revised Statutes 9:751
- Transferor: means a person who makes a transfer under this Subpart. See Louisiana Revised Statutes 9:751
A. A minor who has attained the age of fourteen 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 an accounting by the custodian or the custodian’s legal representative; or for 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 La. Rev. Stat. 9:767 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.
C. The court, in a proceeding under this Subpart or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
D. If a custodian is removed under La. Rev. Stat. 9:768(F), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.