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§58-1219.
§58-1219.
A. A person nominated in accordance with the provisions of Section 4
of this act or designated pursuant to the provisions of Section 10 of
this act as custodian may decline to serve by delivering a valid
disclaimer pursuant to the provisions of Sections 751 through 759 of
Title 60 of the Oklahoma Statutes to the person who made the
nomination or to the transferor or the transferor's legal
representative. If the event giving rise to a transfer has not
occurred and no substitute custodian able, willing, and eligible to
serve was nominated in accordance with the provisions of Section 4 of
this act, the person who made the nomination may nominate a substitute
custodian in accordance with the provisions of Section 4 of this act;
otherwise, the transferor or the transferor's legal representative
shall designate a substitute custodian at the time of the transfer, in
either case from among the persons eligible to serve as custodian for
that kind of property in accordance with the provisions of subsection
A of Section 10 of this act. The custodian so designated has the
rights of a successor custodian.
B. A custodian at any time may designate a trust company or an adult
other than a transferor according to the provisions of Section 5 of
this act as successor custodian by executing and dating an instrument
of designation before a subscribing witness other than the successor.
If the instrument of designation does not contain or is not
accompanied by the resignation of the custodian, the designation of
the successor does not take effect until the custodian resigns, dies,
becomes incapacitated, or is removed.
C. A custodian may resign at any time by delivering written notice to
the minor if the minor has attained the age of fourteen (14) years and
to the successor custodian and by delivering the custodial property to
the successor custodian.
D. If a custodian is ineligible, dies, or becomes incapacitated
without having effectively designated a successor custodian and the
minor has attained the age of fourteen (14) years, the minor may
designate as successor custodian, in the manner prescribed in
subsection B of this section, an adult member of the minor's family, a
guardian of the minor, or a trust company. If the minor has not
attained the age of fourteen (14) years or fails to act within sixty
(60) days after the ineligibility, death, or incapacity, the guardian
of the minor becomes successor custodian. If the minor has no guardian
or the guardian declines to act, the transferor, the legal
representative of the transferor or of the custodian, an adult member
of the minor's family, or any other interested person may petition the
court to designate a successor custodian.
E. A custodian who declines to serve in accordance with the provisions
of subsection A of this section or resigns pursuant to the provisions
of subsection C of this section, or the legal representative of a
deceased or incapacitated custodian, as soon as practicable, shall put
the custodial property and records in the possession and control of
the successor custodian. The successor custodian, by action, may
enforce the obligation to deliver custodial property and records and
becomes responsible for each item as received.
F. A transferor, the legal representative of a transferor, an adult
member of the minor's family, a guardian of the person of the minor,
the conservator of the minor, or the minor if the minor has attained
the age of fourteen (14) years may petition the court to remove the
custodian for cause and to designate a successor custodian other than
a transferor pursuant to the provisions of Section 5 of this act or to
require the custodian to give appropriate bond.
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