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  Home >> Special Situations >>Incapacitated Individuals  
Rights of Custodian

If a check says "Jane Doe (custodian for) John Man," does Jane have the authority to say what John Man does with something after it is bought?


We're going to try to rephrase your question to make sure we're getting it right. We assume the check is drawn from an account held by Jane Doe as Custodian for John Man. From that, we assume that John Man is a minor. In any event, the check is signed by Jane Doe and is used to buy something for John Man.

Whether Jane has authority to say what John does with that "something" has nothing to do with the account used to purchase it. If Jane is John's parent or legal guardian or otherwise exercises some form of parental rights, she is likely to have the authority to direct John's use of the property (if John is still a minor and living under Jane's roof). If Jane is not in such a position, we don't think she has any such authority. The "something" is John's, and Jane doesn't control it or him. Published on BankingQuestions.com 4/17/07