reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-213 - Personal and family maintenance.

§ 32C-2-213. Personal and family maintenance.
(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to do all of the following:
(1) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
a. The principal's children who are legally entitled to be supported by the principal.
b. Other individuals legally entitled to be supported by the principal.
c. The individuals whom the principal has customarily supported or indicated the intent to support.
(2) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party.
(3) Provide living quarters for the individuals described in subdivision (1) of this subsection by the following means:
a. Purchase, lease, or other contract.
b. Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals.
(4) Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subdivision (1) of this subsection.
(5) Pay expenses for necessary health care and custodial care on behalf of the individuals described in subdivision (1) of this subsection.
(6) Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal.
(7) Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subdivision (1) of this subsection.
(8) Maintain credit and debit accounts for the convenience of the individuals described in subdivision (1) of this subsection and open new accounts.
(9) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this Chapter. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-214 - Benefits from governmental programs or civil or military service.

§ 32C-2-214. Benefits from governmental programs or civil or military service.
(a) In this section, the term "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to do all of the following:
(1) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in G.S. 32C-2-213(a)(1), and for shipment of their household effects.
(2) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose.
(3) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program.
(4) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation.
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation.
(6) Receive the financial proceeds of a claim described in subdivision (4) of this subsection and conserve, invest, disburse, or use for a lawful purpose anything so received.
(7) Make elections under the Survivor Benefit Plan as defined under Subchapter II of Title 10 of the United States Code, as amended, including the authority to elect that benefits be paid to a supplemental or special needs trust for a disabled child. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-215 - Retirement plans.

§ 32C-2-215. Retirement plans.
(a) In this section, the term "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:
(1) An individual retirement account under section 408 of the Internal Revenue Code.
(2) A Roth individual retirement account under section 408A of the Internal Revenue Code.
(3) A deemed individual retirement account under section 408(q) of the Internal Revenue Code.
(4) An annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code.
(5) A pension, profit sharing, stock bonus, or other retirement plan qualified under section 401(a) of the Internal Revenue Code.
(6) A plan under sections 457(b) and (f) of the Internal Revenue Code.
(7) A nonqualified deferred compensation plan under section 409A of the Internal Revenue Code.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to do all of the following:
(1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan.
(2) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another.
(3) Establish a retirement plan in the principal's name.
(4) Make contributions to a retirement plan.
(5) Exercise investment powers available under a retirement plan.
(6) Borrow from, sell assets to, or purchase assets from a retirement plan. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-216 - Taxes.

§ 32C-2-216. Taxes.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to do all of the following:
(1) Prepare, sign, and file federal, State, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under section 2032A of the Internal Revenue Code, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years.
(2) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority.
(3) Exercise any election available to the principal under federal, State, local, or foreign tax law.
(4) Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-217 - Gifts authorized by general authority.

§ 32C-2-217. Gifts authorized by general authority.
(a) In this section, a gift "for the benefit of" an individual includes a gift to a trust, an account under the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as defined under section 529 of the Internal Revenue Code, and an ABLE account as defined under section 529A of the Internal Revenue Code.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to do the following:
(1) Make a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal for the following purposes:
a. To or for the benefit of an individual so long as the value of the gift does not exceed the greater of (i) the amount determined to be in accordance with the principal's history of making or joining in the making of gifts or (ii) the annual dollar limit of the federal gift tax exclusion under section 2503(b) of the Internal Revenue Code without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to the split gift pursuant to section 2513 of the Internal Revenue Code in an amount per donee not to exceed twice the annual federal gift tax exclusion limit.
b. To any organization described in sections 170(c) and 2522(a) of the Internal Revenue Code in accordance with the principal's history of making or joining in the making of gifts.
(2) Consent, pursuant to section 2513 of the Internal Revenue Code to the splitting of a gift made by the principal's spouse with respect to gifts described in subdivision (1) of this subsection. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-218 - Gifts authorized by court order.

§ 32C-2-218. Gifts authorized by court order.
An agent may petition the court for an order authorizing the agent to make a gift of the principal's property that is reasonable under the circumstances, including a gift that is in addition to, or that otherwise differs from, the gifts authorized by the power of attorney. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-219 - Certain acts authorized by the court.

§ 32C-2-219. Certain acts authorized by the court.
(a) Except as provided in subsection (b) of this section, an agent under a power of attorney that does not expressly grant the agent the authority to do an act described in G.S. 32C-2-201(a) may petition the court for authority to do the act described in G.S. 32C-2-201(a) that is reasonable under the circumstances.
(b) This section shall not apply to the authority of an agent to make a gift pursuant to G.S. 32C-2-218. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 3 - Statutory Forms. › § 32C-3-302 - Agent's certification.

§ 32C-3-302. Agent's certification.
The following optional form may be used by an agent to certify facts concerning a power of attorney:
"AGENT'S CERTIFICATION AS TO THE VALIDITY OF
POWER OF ATTORNEY AND AGENT'S AUTHORITY
(G.S. 32C-3-302)
I, __________________________ (Name of Agent), do hereby state and affirm the following under penalty of perjury:
(1) _____________________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated __________.
(2) The powers and authority granted to me in the power of attorney are currently exercisable by me.
(3) I have no actual knowledge of any of the following:
(a) The principal is deceased.
(b) The power of attorney or my authority as agent under the power of attorney has been revoked or terminated, partially or otherwise.
(c) The principal lacked the understanding and capacity to make and communicate decisions regarding his estate and person at the time the power of attorney was executed.
(d) The power of attorney was not properly executed and is not a legal, valid power of attorney.
(e) (Insert other relevant statements) ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(4) I agree not to exercise any powers granted under the power of attorney if I become aware that the principal is deceased, that the power of attorney has been revoked or terminated, or that my authority as agent under the power of attorney has been revoked or terminated.
SIGNATURE AND ACKNOWLEDGMENT
___________________________________ __________________________________
Agent's Signature Date
___________________________________
Agent's Name Printed
___________________________________
Agent's Address
___________________________________
Agent's Telephone Number
COUNTY OF ________________________, STATE OF ____________________________.
Sworn to or affirmed and subscribed before me this day by:
Date: ________________________________ _________________________________
Signature of Notary Public
(Official Seal)
________________________, Notary Public
Printed or typed name
My commission expires: ________________"
(2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 4 - Miscellaneous Provisions. › § 32C-4-401 - Uniformity of application and construction.

§ 32C-4-401. Uniformity of application and construction.
In applying and construing this Chapter, consideration may be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 4 - Miscellaneous Provisions. › § 32C-4-402 - Relation to Electronic Signatures in Global and National Commerce Act.

§ 32C-4-402. Relation to Electronic Signatures in Global and National Commerce Act.
The provisions of this Chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of those records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 4 - Miscellaneous Provisions. › § 32C-4-403 - Effect on existing powers of attorney.

§ 32C-4-403. Effect on existing powers of attorney.
(a) Except as otherwise provided in this Chapter, the following apply on January 1, 2018.
(1) This Chapter applies to a power of attorney created before, on, or after January 1, 2018, unless there is clear indication of a contrary intent in the terms of a power of attorney or unless application of a particular provision of this Chapter would substantially impair rights of a party.
(2) This Chapter applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2018.
(3) This Chapter applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2018, unless the court finds that application of a provision of this Chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that the particular provision of this Chapter does not apply and the superseded law applies.
(4) A rule of construction or presumption provided by this Chapter, including the rule of G.S. 32C-1-104 regarding durability of a power of attorney, applies to powers of attorney executed before January 1, 2018, unless there is a clear indication of a contrary intent in the terms of a power of attorney or unless the application of the rule of construction or presumption would substantially impair rights of a party created under North Carolina law in effect prior to January 1, 2018, in which case the rule of construction or presumption does not apply and the superseded rule of construction or presumption applies.
(b) If a right is acquired, extinguished, or banned upon the expiration of a prescribed period that commenced under law of this State other than this Chapter before January 1, 2018, that statute continues to apply to the right even if it has been repealed or superseded.
(c) References to prior statutes in powers of attorney, whether executed on or after the adoption of this Chapter shall be deemed to refer to the corresponding provisions this Chapter unless application of the rule of construction would substantially impair substantial rights of a party.
(d) Notwithstanding the provisions of this Chapter, the powers conferred by former G.S. 32A-2 shall apply to a Statutory Short Form Power of Attorney that was created in accordance with former G.S. 32A-1 prior to January 1, 2018. (2017-153, s. 1; 2018-142, s. 33.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-1 - Definitions.

§ 33A-1. Definitions.
In this Chapter:
(1) "Adult" means an individual who has attained the age of 21 years.
(2) "Benefit plan" means an employer's plan for the benefit of an employee or partner.
(3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(4) "Court" means the clerk of the superior court of the several counties of the State.
(5) "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.
(6) "Custodian" means a person so designated under Section 33A-9 or a successor or substitute custodian designated under Section 33A-18.
(7) "Financial institution" means a bank, trust company, savings and loan associations or other savings institutions, or credit union, chartered and supervised under State or federal law.
(8) "Guardian" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(9) "Legal representative" means an individual's personal representative or guardian.
(10) "Member of the minor's family" means the minor's parent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) "Minor" means an individual who has not attained the age of 21 years.
(12) "Person" means an individual, corporation, organization, or other legal entity.
(13) "Personal representative" means an executor, administrator, successor personal representative, collector, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same function.
(14) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(15) "Transfer" means a transaction that creates custodial property under G.S. 33A-9.
(16) "Transferor" means a person who makes a transfer under this Chapter.
(17) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-2 - Scope and jurisdiction.

§ 33A-2. Scope and jurisdiction.
(a) This Chapter applies to a transfer if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this State or the custodial property is located in this State and the transfer instrument refers to this Chapter in the designation under G.S. 33A-9(a) by which the transfer is made. The custodianship so created remains subject to this Chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this State.
(b) A person designated as custodian under this Chapter is subject to personal jurisdiction in this State with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this State if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
(d) This Chapter shall not be construed to be the exclusive procedures for transferring property interests to minors and any other procedure for such transfers authorized by the law of this State and, not specifically repealed shall continue in effect. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-3 - Nomination of custodian.

§ 33A-3. Nomination of custodian.
(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ____________________ (name of minor) under the North Carolina Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under G.S. 33A-9(a).
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under G.S. 33A-9. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to G.S. 33A-9. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-4 - Transfer by gift or exercise of power of appointment.

§ 33A-4. Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to G.S. 33A-9. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-5 - Transfer authorized by will or trust.

§ 33A-5. Transfer authorized by will or trust.
(a) A personal representative or trustee may make an irrevocable transfer pursuant to G.S. 33A-9 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under G.S. 33A-3 to receive the custodial property, the transfer must be made to that person.
(c) If the testator or settlor has not nominated a custodian under G.S. 33A-3, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under G.S. 33A-9(a). (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-6 - Other transfer by fiduciary.

§ 33A-6. Other transfer by fiduciary.
(a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to the transferor or to another adult or trust company as custodian for the benefit of a minor pursuant to G.S. 33A-9, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c), a guardian may make an irrevocable transfer to the transferor or to another adult or trust company as custodian for the benefit of the minor pursuant to Section 33A-9.
(c) A transfer under subsection (a) or (b) may be made only if (i) the personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor, and (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument. If the value of the property transferred under subsections (a) or (b) will total more than ten thousand dollars ($10,000), whether in one or more transfers, that transfer must be authorized by the court. If a transfer under subsections (a) or (b) is to the transferor then the transfer must be authorized by the court. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-7 - Transfer by obligor.

§ 33A-7. Transfer by obligor.
(a) Subject to subsections (b) and (c), a person not subject to Section 33A-5 or 33A-6 who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Section 33A-9.
(b) If a person having the right to do so under Section 33A-3 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c) If no custodian has been nominated under Section 33A-3, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company if the aggregate value of the property does not exceed ten thousand dollars ($10,000) in value. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-8 - Receipt for custodial property.

§ 33A-8. Receipt for custodial property.
A written acknowledgement by a custodian of delivery authorized by this Chapter constitutes a sufficient receipt and discharge for custodial property transferred to the custodian. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-10 - Single custodianship.

§ 33A-10. Single custodianship.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this Chapter by the same custodian for the benefit of the same minor constitutes a single custodianship. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-11 - Validity and effect of transfer.

§ 33A-11. Validity and effect of transfer.
(a) The validity of a transfer made in a manner prescribed in this Chapter is not affected by:
(1) Failure of the transferor to comply with G.S. 33A-9(c) concerning control;
(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under G.S. 33A-9(a);
(3) Death or incapacity of a person nominated under G.S. 33A-3 or designated under G.S. 33A-9 as custodian or the disclaimer of the office by that person; or
(4) The use of an abbreviation in referring to this Chapter or the equivalent act of another state.
(b) A transfer made pursuant to G.S. 33A-9 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this Chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this Chapter.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this Chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this Chapter. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-12 - Care of custodial property.

§ 33A-12. Care of custodial property.
(a) A custodian shall:
(1) Take control of custodial property;
(2) Register or record title to custodial property if appropriate; and
(3) Collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate or the custodian in the capacity of custodian is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property may be held with other owners if owned as tenants in common, provided that the property interest of the owners is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ___________ (name of minor) under the North Carolina Uniform Transfers to Minors Act."
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor, or by the minor if the minor has attained the age of 14 years. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-13 - Powers of custodian.

§ 33A-13. Powers of custodian.
(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in the capacity of a custodian only.
(b) This section does not relieve a custodian from liability for breach of G.S. 33A-12. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-14 - Use of custodial property.

§ 33A-14. Use of custodial property.
(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-15 - Custodian's expenses, compensation, and bond.

§ 33A-15. Custodian's expenses, compensation, and bond.
(a) A custodian is entitled to pay from and to be reimbursed from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Except for one who is a transferor under G.S. 33A-4, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in G.S. 33A-18(f), a custodian need not give a bond. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-16 - Exemption of third person from liability.

§ 33A-16. Exemption of third person from liability.
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian's designation;
(2) The propriety of, or the authority under this Chapter for, any act of the purported custodian;
(3) The validity or propriety under this Chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of the minor delivered to the purported custodian. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-17 - Liability to third persons.

§ 33A-17. Liability to third persons.
(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian may be held personally liable:
(1) On a contract properly entered into in the custodial capacity if the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship if the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-19 - Accounting by and determination of liability of custodian.

§ 33A-19. Accounting by and determination of liability of custodian.
(a) A minor who has attained the age of 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 G.S. 33A-17 to which the minor or the minor's legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this Chapter or the presiding judge in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) If a custodian is removed under G.S. 33A-18(f), 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. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-20 - Termination of custodianship.

§ 33A-20. Termination of custodianship.
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
(1) The minor's attainment of 21 years of age with respect to custodial property transferred under G.S. 33A-4 or G.S. 33A-5, except that any transferor may have custodial property transferred to the minor at any time after the age of 18 and before the age of 21 by a designation in the following words or their equivalent: "The custodian shall transfer this property to _______ (name of minor) when he reaches the age of ___ (age after 18 and before 21).";
(2) The minor's attainment of age 18 with respect to custodial property transferred under G.S. 33A-6 or G.S. 33A-7; or
(3) The minor's death. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-21 - Applicability.

§ 33A-21. Applicability.
This Chapter applies to a transfer within the scope of G.S. 33A-2 made after October 1, 1987, if:
(1) The transfer purports to have been made under the Uniform Gifts to Minors Act of North Carolina; or
(2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this Chapter is necessary to validate the transfer. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-22 - Effect on existing custodianships.

§ 33A-22. Effect on existing custodianships.
(a) Any transfer of custodial property as now defined in this Chapter made before October 1, 1987, is validated notwithstanding that there was no specific authority in the Uniform Gifts to Minors Act of North Carolina for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) This Chapter applies to all transfers made before October 1, 1987, in a manner and form prescribed in the Uniform Gifts to Minors Act of North Carolina, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on October 1, 1987.
(c) G.S. 33A-1 and G.S. 33A-20 with respect to the age of a minor for whom custodial property is held under this Chapter shall not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of majority and before October 1, 1987. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33A - North Carolina Uniform Transfers to Minors Act › § 33A-23 - Uniformity of application and construction.

§ 33A-23. Uniformity of application and construction.
This Chapter shall be applied and construed to effect its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it. (1987, c. 563, s. 2.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-1 - Definitions.

§ 33B-1. Definitions.
As used in this act:
(1) "Adult" means an individual who is at least 21 years of age.
(2) "Beneficiary" means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this act.
(3) "Guardian of the estate" means a guardian appointed for the purpose of managing the property, estate, and business affairs of a ward, or a person legally authorized to perform substantially the same functions. As used in this act the term "guardian of the estate" includes a general guardian or guardian of the estate appointed under the provisions of Chapter 35A of the General Statutes.
(4) "Court" means the clerk of superior court of this State.
(5) "Custodial trust property" means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this act and the income from and proceeds of that interest.
(6) "Custodial trustee" means a person designated as trustee of a custodial trust under this act or a substitute or successor to the person designated.
(7) "Guardian of the person" means a guardian appointed for the purpose of performing duties relating to the care, custody, and control of a ward, but not a person who is only a guardian ad litem. As used in this act the term "guardian of the person" includes a general guardian or guardian of the person appointed under the provisions of Chapter 35A of the General Statutes.
(8) "Incapacitated" means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, being under 21 years of age, or other disabling cause.
(9) "Legal representative" means a personal representative or guardian of the estate.
(10) "Member of the beneficiary's family" means a beneficiary's spouse, descendant, parent, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption.
(11) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
(12) "Personal representative" means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same function, or a successor to any of them.
(13) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(14) "Transferor" means a person who creates a custodial trust by transfer or declaration.
(15) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers in North Carolina.
(16) "General guardian" means a guardian of both the estate and the person. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-2 - Custodial trust; general.

§ 33B-2. Custodial trust; general.
(a) A person may create a custodial trust of property by a written transfer of the property to a trust company or an adult other than the transferor executed in any lawful manner, naming as beneficiary an individual, who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under the North Carolina Uniform Custodial Trust Act. A transfer is executed in a lawful manner if the formalities, if any, of the transfer of the particular property necessary under general principles of law are satisfied.
(b) An adult may create a custodial trust of property by a written declaration which names as beneficiary an individual other than the declarant. The declaration shall be evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property and designating the declarant, in substance, as custodial trustee under the North Carolina Uniform Custodial Trust Act. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this act. A registration or declaration is executed in a lawful manner if the formalities, if any, of the transfer of the beneficial interest in the particular property under general principles of law are satisfied.
(c) Title to custodial trust property is in the custodial trustee, and the beneficial interest is in the beneficiary.
(d) Except as provided in subsection (e) of this section, a transferor may not terminate a custodial trust.
(e) The beneficiary, if not incapacitated, or the guardian of the estate of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or guardian of the estate declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.
(f) Any person may augment existing custodial trust property by the addition of other property pursuant to a written instrument satisfying the requirements of subsections (a) or (b) of this section.
(g) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.
(h) This act does not displace or restrict other means of creating trusts. A trust, the terms of which do not conform to this act, may be enforceable according to its terms under the law. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-3 - Custodial trust to begin in the future.

§ 33B-3. Custodial trust to begin in the future.
(a) A person may create a custodial trust to begin in the future by designating the transferee in substance "as custodial trustee for ____________ (name of beneficiary) under the North Carolina Uniform Custodial Trust Act". A designation under this section may be made in:
(1) A will;
(2) A trust;
(3) An insurance policy;
(4) A deed;
(5) A payable-on-death account;
(6) An instrument exercising a power of appointment, provided that the donor of the power has not expressly prohibited the exercise of the power in favor of a custodial trustee, and provided further that the beneficiary of the custodial trust is a permissible object of the power, although the custodial trustee need not be a permissible object of the power; or
(7) A writing designating a beneficiary of contractual rights, including but not limited to rights under a pension or profit sharing plan, which is registered with or delivered to the fiduciary, payor, issuer, or obligor of the contractual right.
(b) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the preceding designated custodial trustee is unable or unwilling to serve. (1995, c. 486, s. 1.)