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Terms Used In Vermont Statutes Title 14 Sec. 3221

  • Custodial property: means :

  • Custodian: means a person so designated under section 3219 of this title or a successor or substitute custodian designated under section 3228 of this title. See
  • 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. See
  • Minor: means an individual who has not attained 21 years of age. See
  • Person: means an individual, corporation, organization, or other legal entity. See
  • Transfer: means a transaction that creates custodial property under section 3219 of this title. See
  • Transferor: means a person who makes a transfer under this chapter. See

§ 3221. Validity and effect of transfer

(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by:

(1) failure of the transferor to comply with subsection 3219(c) of this title concerning possession and control;

(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection 3219(a) of this title; or

(3) death or incapacity of a person nominated under section 3213 of this title or designated under section 3219 of this title as custodian or the disclaimer of the office by that person.

(b) A transfer made pursuant to section 3219 of this title is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and the minor, the minor’s legal representative, and the minor’s financial guardian have no right, power, duty, or authority with respect to the custodial property except as provided in this chapter.

(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter, and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter. (Added 2015, No. 7, § 1.)