Idaho Code 68-819 – Accounting by and Determination of Liability of Custodian
Current as of: 2023 | Check for updates
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(1) A minor who has attained the age of fourteen (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 (i) for an accounting by the custodian or the custodian’s legal representative; or (ii) 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 section 68-817, Idaho Code, to which the minor or the minor’s legal representative was a party.
(2) A successor custodian may petition the court for an accounting by the predecessor custodian.
Terms Used In Idaho Code 68-819
- Adult: means an individual who has attained the age of twenty-one (21) years. See Idaho Code 68-801
- Court: means the district courts of the state of Idaho. See Idaho Code 68-801
- Custodial property: means (i) any interest in property transferred to a custodian under this chapter and (ii) the income from and proceeds of that interest in property. See Idaho Code 68-801
- Custodian: means a person so designated under section 68-809, Idaho Code, or a successor or substitute custodian designated under section 68-818, Idaho Code. See Idaho Code 68-801
- 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 conservator. See Idaho Code 68-801
- Minor: means an individual who has not attained the age of twenty-one (21) years. See Idaho Code 68-801
- Person: means an individual, corporation, organization, or other legal entity. See Idaho Code 68-801
- Property: includes both real and personal property. See Idaho Code 73-114
- Transfer: means a transaction that creates custodial property under section 68-809, Idaho Code. See Idaho Code 68-801
- Transferor: means a person who makes a transfer under this chapter. See Idaho Code 68-801
(3) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
(4) If a custodian is removed under section 68-818(6), Idaho Code, 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.