Section 11.38 Removal of Custodian

• Library: Trusts and Powers 2013 Supp

G. (§11.38) Removal of Custodian

Section 404.057.11, RSMo 2000, authorizes the minor, if age 14 or over, the minor’s legal representative, an adult member of the minor’s family, a transferor, the transferor’s legal representative, a successor custodian, the person who designated the custodian under a power granted by a donor, or any person interested in the welfare of the minor to petition the court to remove a custodian for good cause shown. The 1989 amendment narrowed the test for removal of the custodian from “for cause” to “for good cause shown.”

See In re Muller, 239 N.Y.S.2d 519 (N.Y. App. Div. 1963), in which an allegation that the custodian threatened to convert custodial funds failed to allege facts sufficient to warrant removal. If removal is ordered, the court may order an accounting. Section 404.071.3, RSMo 2000. If a custodian is removed because of lack of qualifications under § 475.055, RSMo 2000, the removal does not affect the existence of the minor’s custodianship. Section 404.035, RSMo 2000...