{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-909.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-909.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-909.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-909.html"}],"law_id":68505,"edition_id":1,"section_id":68505,"structure_id":13564,"section_number":"64.2-909","catch_line":"Determination of incapacity; effect","history":"1990, c. 264, \u00a7 55-34.10; 2012, c. 614.","full_text":"A\n\nThe custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (i) the custodial trust was created under § 64.2-904, (ii) the transferor has so directed in the instrument creating the custodial trust, or (iii) the custodial trustee has determined that the beneficiary is incapacitated. A custodial trustee may determine that the beneficiary is incapacitated in reliance upon (a) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney, (b) the certificate of the beneficiary’s physician, or (c) other persuasive evidence. On 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. Absent determination of incapacity of the beneficiary, 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.B\n\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.C\n\nIncapacity of a beneficiary does not terminate (i) the custodial trust, (ii) any designation of a successor custodial trustee, (iii) rights or powers of the custodial trustee, or (iv) any immunities of third persons acting on instructions of the custodial trustee.","order_by":null,"text":{"0":{"id":248003,"text":"The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (i) the custodial trust was created under § 64.2-904, (ii) the transferor has so directed in the instrument creating the custodial trust, or (iii) the custodial trustee has determined that the beneficiary is incapacitated. A custodial trustee may determine that the beneficiary is incapacitated in reliance upon (a) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney, (b) the certificate of the beneficiary’s physician, or (c) other persuasive evidence. On 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. Absent determination of incapacity of the beneficiary, 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248004,"text":"If 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":248005,"text":"Incapacity of a beneficiary does not terminate (i) the custodial trust, (ii) any designation of a successor custodial trustee, (iii) rights or powers of the custodial trustee, or (iv) any immunities of third persons acting on instructions of the custodial trustee.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13564,"edition_id":1,"name":"Uniform Custodial Trust Act","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12724,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":274735,"object_type":"structure","relational_id":13564,"identifier":"9","token":"64.2\/III\/9","url":"\/64.2\/III\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12724,"edition_id":1,"name":"Trusts","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":273811,"object_type":"structure","relational_id":12724,"identifier":"III","token":"64.2\/III","url":"\/64.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66999,"structure_id":13564,"section_number":"64.2-900","catch_line":"Definitions","url":"\/64.2-900\/","token":"64.2\/III\/9\/64.2-900","metadata":false},{"id":57024,"structure_id":13564,"section_number":"64.2-901","catch_line":"Custodial trust; creation and termination; general provisions","url":"\/64.2-901\/","token":"64.2\/III\/9\/64.2-901","metadata":false},{"id":74644,"structure_id":13564,"section_number":"64.2-902","catch_line":"Custodial trustee for future payment or transfer","url":"\/64.2-902\/","token":"64.2\/III\/9\/64.2-902","metadata":false},{"id":58164,"structure_id":13564,"section_number":"64.2-903","catch_line":"Form and effect of receipt and acceptance by custodial trustee; jurisdiction","url":"\/64.2-903\/","token":"64.2\/III\/9\/64.2-903","metadata":false},{"id":77892,"structure_id":13564,"section_number":"64.2-904","catch_line":"Transfer to custodial trustee by fiduciary or obligor; facility of payment","url":"\/64.2-904\/","token":"64.2\/III\/9\/64.2-904","metadata":false},{"id":68669,"structure_id":13564,"section_number":"64.2-905","catch_line":"Multiple beneficiaries; separate custodial trusts; survivorship","url":"\/64.2-905\/","token":"64.2\/III\/9\/64.2-905","metadata":false},{"id":64170,"structure_id":13564,"section_number":"64.2-906","catch_line":"General duties of custodial trustee","url":"\/64.2-906\/","token":"64.2\/III\/9\/64.2-906","metadata":false},{"id":73358,"structure_id":13564,"section_number":"64.2-907","catch_line":"General powers of custodial trustee","url":"\/64.2-907\/","token":"64.2\/III\/9\/64.2-907","metadata":false},{"id":54526,"structure_id":13564,"section_number":"64.2-908","catch_line":"Use of custodial trust property","url":"\/64.2-908\/","token":"64.2\/III\/9\/64.2-908","metadata":false},{"id":68505,"structure_id":13564,"section_number":"64.2-909","catch_line":"Determination of incapacity; effect","url":"\/64.2-909\/","token":"64.2\/III\/9\/64.2-909","metadata":false},{"id":85961,"structure_id":13564,"section_number":"64.2-910","catch_line":"Exemption of third person from liability","url":"\/64.2-910\/","token":"64.2\/III\/9\/64.2-910","metadata":false},{"id":60757,"structure_id":13564,"section_number":"64.2-911","catch_line":"Liability to third person; exceptions","url":"\/64.2-911\/","token":"64.2\/III\/9\/64.2-911","metadata":false},{"id":84334,"structure_id":13564,"section_number":"64.2-912","catch_line":"Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor","url":"\/64.2-912\/","token":"64.2\/III\/9\/64.2-912","metadata":false},{"id":68794,"structure_id":13564,"section_number":"64.2-913","catch_line":"Expenses, compensation, and bond of custodial trustee","url":"\/64.2-913\/","token":"64.2\/III\/9\/64.2-913","metadata":false},{"id":67869,"structure_id":13564,"section_number":"64.2-914","catch_line":"Reporting and accounting by custodial trustee; determination of liability","url":"\/64.2-914\/","token":"64.2\/III\/9\/64.2-914","metadata":false},{"id":61760,"structure_id":13564,"section_number":"64.2-915","catch_line":"Limitations of action against custodial trustee","url":"\/64.2-915\/","token":"64.2\/III\/9\/64.2-915","metadata":false},{"id":58406,"structure_id":13564,"section_number":"64.2-916","catch_line":"Distribution on termination","url":"\/64.2-916\/","token":"64.2\/III\/9\/64.2-916","metadata":false},{"id":75814,"structure_id":13564,"section_number":"64.2-917","catch_line":"Methods and forms for creating custodial trusts","url":"\/64.2-917\/","token":"64.2\/III\/9\/64.2-917","metadata":false},{"id":71807,"structure_id":13564,"section_number":"64.2-918","catch_line":"Applicable law","url":"\/64.2-918\/","token":"64.2\/III\/9\/64.2-918","metadata":false}],"previous_section":{"id":54526,"structure_id":13564,"section_number":"64.2-908","catch_line":"Use of custodial trust property","url":"\/64.2-908\/","token":"64.2\/III\/9\/64.2-908","metadata":false},"next_section":{"id":85961,"structure_id":13564,"section_number":"64.2-910","catch_line":"Exemption of third person from liability","url":"\/64.2-910\/","token":"64.2\/III\/9\/64.2-910","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-909\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 264 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":77892,"section_number":"64.2-904","catch_line":"Transfer to custodial trustee by fiduciary or obligor; facility of payment","order_by":null,"url":"\/64.2-904\/"}],"permalink":{"id":274773,"object_type":"law","relational_id":68505,"identifier":"64.2-909","token":"64.2\/III\/9\/64.2-909","url":"\/64.2-909\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-909\/","token":"64.2\/III\/9\/64.2-909","dublin_core":{"Title":"Determination of incapacity; effect","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-909","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The custodial trustee<\/span> shall administer the custodial trust as for an incapacitated<\/span> beneficiary<\/span> if (i) the custodial trust was created under § 64.2-904<\/a>, (ii) the transferor<\/span> has so directed in the instrument creating the custodial trust, or (iii) the custodial trustee<\/span> has determined that the beneficiary<\/span> is incapacitated<\/span>. A custodial trustee<\/span> may determine that the beneficiary<\/span> is incapacitated<\/span> in reliance upon (a) previous direction or authority given by the beneficiary<\/span> while not incapacitated<\/span>, including direction or authority pursuant to a durable power of attorney<\/span>, (b) the certificate of the beneficiary<\/span>’s physician, or (c) other persuasive evidence<\/span>. On petition<\/span> of the beneficiary<\/span>, the custodial trustee<\/span>, or other person<\/span> interested in the custodial trust property<\/span> or the welfare of the beneficiary<\/span>, the court<\/span> shall determine whether the beneficiary<\/span> is incapacitated<\/span>. Absent determination of incapacity of the beneficiary<\/span>, a custodial trustee<\/span> who has reason to believe that the beneficiary<\/span> is incapacitated<\/span> shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated<\/span> beneficiary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a custodial trustee<\/span> for an incapacitated<\/span> beneficiary<\/span> reasonably concludes that the beneficiary<\/span>’s incapacity has ceased, or that circumstances concerning the beneficiary<\/span>’s ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated<\/span> beneficiary<\/span>, the custodial trustee<\/span> may administer the trust as for a beneficiary<\/span> who is not incapacitated<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Incapacity of a beneficiary<\/span> does not terminate (i) the custodial trust, (ii) any designation of a successor custodial trustee<\/span>, (iii) rights or powers of the custodial trustee<\/span>, or (iv) any immunities of third persons<\/span> acting on instructions of the custodial trustee<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF INCAPACITY; EFFECT (\u00a7 64.2-909)\n\nA. The custodial trustee shall administer the custodial trust as for an\nincapacitated beneficiary if (i) the custodial trust was created under §\n64.2-904, (ii) the transferor has so directed in the instrument creating the\ncustodial trust, or (iii) the custodial trustee has determined that the\nbeneficiary is incapacitated. A custodial trustee may determine that the\nbeneficiary is incapacitated in reliance upon (a) previous direction or\nauthority given by the beneficiary while not incapacitated, including direction\nor authority pursuant to a durable power of attorney, (b) the certificate of the\nbeneficiary’s physician, or (c) other persuasive evidence. On petition of\nthe beneficiary, the custodial trustee, or other person interested in the\ncustodial trust property or the welfare of the beneficiary, the court shall\ndetermine whether the beneficiary is incapacitated. Absent determination of\nincapacity of the beneficiary, a custodial trustee who has reason to believe\nthat the beneficiary is incapacitated shall administer the custodial trust in\naccordance with the provisions of this chapter applicable to an incapacitated\nbeneficiary.\n\nB. If a custodial trustee for an incapacitated beneficiary reasonably concludes\nthat the beneficiary’s incapacity has ceased, or that circumstances\nconcerning the beneficiary’s ability to manage property and business\naffairs have changed since the creation of a custodial trust directing\nadministration as for an incapacitated beneficiary, the custodial trustee may\nadminister the trust as for a beneficiary who is not incapacitated.\n\nC. Incapacity of a beneficiary does not terminate (i) the custodial trust, (ii)\nany designation of a successor custodial trustee, (iii) rights or powers of the\ncustodial trustee, or (iv) any immunities of third persons acting on\ninstructions of the custodial trustee.\n\nHISTORY: 1990, c. 264, \u00a7 55-34.10; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}