{"data":{"id":"us-dc/d.c.-code-19-1110","jurisdiction":"us-dc","citation":"D.C. Code § 19-1110","heading":"Determination of incapacity; effect.","body":"(a)\nThe custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if:\n(1)\nThe custodial trust was created under section 19-1105;\n(2)\nThe transferor has so directed in the instrument creating the custodial trust; or\n(3)\nThe custodial trustee has determined that the beneficiary is incapacitated.\n\n(b)\nA custodial trustee may determine that the beneficiary is incapacitated in reliance upon:\n(1)\nPrevious direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney;\n(2)\nThe certificate of the beneficiary’s physician; or\n(3)\nOther persuasive evidence.\n\n(c)\nIf a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary’s incapacity has ceased, or that circumstances concerning the beneficiary’s ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.\n\n(d)\nOn petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.\n\n(e)\nAbsent determination of incapacity of the beneficiary under subsection (b) or (d) of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.\n\n(f)\nIncapacity of a beneficiary does not terminate the custodial trust, any designation of a successor custodial trustee, rights or powers of the custodial trustee, or any immunities of third persons acting on instructions of the custodial trustee.","path":["Title 19. Descent, Distribution, and Trusts. [Enacted title]","Chapter 11. Custodial Trusts; Uniform Law."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/19-1110","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"2152c49ebf13987f16b8760b81bbee2b10ccfc6ab7ae3d631b1331698d3248b9","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-19-1109","next":"us-dc/d.c.-code-19-1111"},"notice":"GroundRules: Original legal text. Not legal advice."}