Louisiana § RS 9:2260.10 - Determination of incapacity; effect
Full text of Louisiana Louisiana Civil Code § RS 9:2260.10 — Determination of incapacity; effect, with citation guidance and answers to common questions.
§ RS 9:2260.10. Determination of incapacity; effect
A. The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary in the event of any of the following:
(1) The custodial trust was created under R.S. 9:2260.5.
(2) The transferor has so directed in the instrument creating the custodial trust.
(3) The custodial trustee has determined that the beneficiary is incapacitated.
B. A custodial trustee may determine that the beneficiary is incapacitated in reliance upon any of the following:
(1) Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney.
(2) The certificate of the beneficiary's physician.
(3) Other persuasive evidence.
C. If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
D. On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
E. Absent a determination of incapacity of the beneficiary under Subsection B or D, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this Chapter applicable to an incapacitated beneficiary.
F. Incapacity of a beneficiary does not terminate any of the following:
(1) The custodial trust.
(2) Any designation of a successor custodial trustee.
(3) Rights or powers of the custodial trustee.
(4) Any immunities of third persons acting on instructions of the custodial trustee.
Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 9:2260.10
What does Louisiana Civil Code § RS 9:2260.10 cover?
Section RS 9:2260.10 ("Determination of incapacity; effect") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 9:2260.10?
A common citation format is "Louisiana Civil Code § RS 9:2260.10" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 9:2260.10 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.