There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 55-10A-20 — Renunciation, resignation, death, or removal of custodian--Designation of successorcustodian.
55-10A-20. Renunciation, resignation, death, or removal of custodian--Designation of successor custodian. Any person nominated under § 55-10A-3 or designated under § 55-10A-9 as custodian may decline to serve by delivering a valid disclaimer 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 under § 55-10A-3, the person who made the nomination may nominate a substitute custodian under § 55-10A-3; 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 under § 55-10A-9. The custodian so designated has the rights of a successor custodian. A custodian
at any time may designate a trust company or an adult other than a
transferor under § 55-10A-4, 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.
A custodian
may resign at any time by delivering written notice to the minor if
the minor has attained the age of fourteen years and to the
successor custodian and by delivering the custodial property to the
successor custodian.
If a
custodian is ineligible, dies or becomes incapacitated without
having effectively designated a successor and the minor has
attained the age of fourteen years, the minor may designate as
successor custodian an adult member of the minor's family, a
conservator of the minor or a trust company. If the minor has not
attained the age of fourteen years or fails to act within sixty
days after the ineligibility, death or incapacity, the conservator
of the minor becomes successor custodian. If the minor has no
conservator or the conservator 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.
A custodian
who declines to serve or resigns, 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.
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 years may petition the court to remove
the custodian for cause and to designate a successor custodian
other than a transferor under § 55-10A-4, or to require
the custodian to give appropriate bond.
Source: SL 1986, ch 409, § 20.
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