Section 68-1322 – SEVERABILITY.
68-1322. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: [68-1322, […]
Section 68-1401 – APPLICATION.
68-1401. APPLICATION. The provisions of this chapter apply when: (1) A court approves a compromise of a judgment on a disputed claim of a minor or incompetent person, the execution of a release of a claim or covenant not to enforce a judgment on a claim of a minor or incompetent person, a compromise of […]
Section 68-1402 – ORDER DIRECTING PAYMENT OF EXPENSES, COSTS AND FEES.
68-1402. ORDER DIRECTING PAYMENT OF EXPENSES, COSTS AND FEES. (1) As part of the order approving a compromise, release, covenant or judgment pursuant to this chapter, the court shall also order that the reasonable and necessary expenses of the minor or incompetent person including, but not limited to, medical expenses, reimbursement to a parent, guardian, […]
Section 68-1403 – DISPOSITION OF BALANCE.
68-1403. DISPOSITION OF BALANCE. (1) If there is no guardianship or conservatorship of the estate of the minor or incompetent person, the balance of the money or property, after payment of all expenses approved by the court pursuant to this chapter, shall be paid, delivered or deposited in the manner the court determines in its […]
Section 68-1310 – DETERMINATION OF INCAPACITY — EFFECT.
68-1310. DETERMINATION OF INCAPACITY — EFFECT. (1) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (i) the custodial trust was created under section 68-1305, Idaho Code, (ii) the transferor has so directed in the instrument creating the custodial trust, or (iii) the custodial trustee has determined that the beneficiary […]
Section 68-1404 – INCOMPETENT PERSONS.
68-1404. INCOMPETENT PERSONS. References in this chapter to "incompetent person," shall be deemed to include persons for whom a conservator may be appointed pursuant to section 15-5-401, Idaho Code. History: [68-1404, added 1995, ch. 214, sec. 1, p. 744.]
Section 68-1311 – EXEMPTION OF THIRD PERSON FROM LIABILITY.
68-1311. EXEMPTION OF THIRD PERSON FROM LIABILITY. A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the […]
Section 68-1405 – SPECIAL NEEDS TRUSTS — REQUIREMENTS — JURISDICTION OF COURT — COURT ORDERS.
68-1405. SPECIAL NEEDS TRUSTS — REQUIREMENTS — JURISDICTION OF COURT — COURT ORDERS. (1) If a court orders that money of a minor or incompetent person be paid to a special needs trust, the terms of the trust shall be reviewed and approved by the court and shall satisfy the requirements of this section. The […]
Section 68-1312 – LIABILITY TO THIRD PERSON.
68-1312. LIABILITY TO THIRD PERSON. (1) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against […]
Section 68-1313 – DECLINATION, RESIGNATION, INCAPACITY, DEATH, OR REMOVAL OF CUSTODIAL TRUSTEE — DESIGNATION OF SUCCESSOR CUSTODIAL TRUSTEE.
68-1313. DECLINATION, RESIGNATION, INCAPACITY, DEATH, OR REMOVAL OF CUSTODIAL TRUSTEE — DESIGNATION OF SUCCESSOR CUSTODIAL TRUSTEE. (1) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor’s legal representative. If an event giving rise to a […]