A. A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property that an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fudiciary [fiduciary] capacity only.

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B. This section does not relieve a custodial trustee from liability for a violation of Section 45-7-508 N.M. Stat. Ann..