Section 12.10 Persons Who May Create a Personal Custodianship

• Library: Trusts and Powers 2013 Supp

C. (§12.10) Persons Who May Create a Personal Custodianship

Any adult who is not incapacitated may create a personal custodianship of property for him- or herself. Section 404.420, RSMo 2000. An adult is a person 18 years or older. Section 404.410(1), RSMo 2000. “Incapacitated person” and “disabled person” are defined in § 475.010(9) and (4), RSMo 2000, of the Missouri guardianship and conservatorship law.

A custodianship of property may be created for an adult by any donor who intends to make a gift of the property to the beneficiary of the custodianship, who may or may not be an incapacitated person at the time the gift is made. Section 404.440, RSMo 2000. If there is no appointed conservator to...