§ 30-2-8-6-30

(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if:(1) the custodial trust was created under section 25 of this chapter;(2) the transferor has so directed in the instrument creating the custodial trust; or(3) the custodial trustee has determined that the beneficiary is incapacitated.(b) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon:(1) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority under a durable power of attorney;(2) the certificate of the beneficiary's physician; or(3) other persuasive evidence.(c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that:(1) the beneficiary's incapacity has ceased; or(2) 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.(d) Upon the petition of:(1) the beneficiary;(2) the custodial trustee; or(3) another

acitated beneficiary;the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.(d) Upon the petition of:(1) the beneficiary;(2) the custodial trustee; or(3) another person interested in:(A) the custodial trust property; or(B) the welfare of the beneficiary;the court shall determine whether the beneficiary is incapacitated.(e) If:(1) the custodial trustee or a court has not determined that a beneficiary is incapacitated under subsection (b) or (d); and(2) the custodial trustee has reason to believe that the beneficiary is incapacitated;the custodial trustee shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.(f) Incapacity of a beneficiary does not terminate:(1) the custodial trust;(2) any designation of a successor custodial trustee;(3) rights or powers of the custodial trustee; or(4) any immunities of third persons acting on the instructions of the custodial trustee.As added by P.L.3-2003, SEC.1.