Kansas Statutes Annotated

K.S.A. § 38-1714 (2026)

Powers of custodian

✓ current as of May 2026
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38-1714. Powers of custodian. (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.

(b) This section does not relieve a custodian from liability for breach of K.S.A. 38-1713.

History: L. 1985, ch. 143, § 13; July 1.

Notes of Decisions
Cited in 2 cases, 2007–2008 · leading case: Wilson v. Wilson, 154 P.3d 1136 (Kan. Ct. App. 2007).
Wilson v. Wilson, 154 P.3d 1136 (Kan. Ct. App. 2007). · cites it 2× “” K.S.A. 38-1714(a). “A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of tire custodial properly as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of…”
Mohr v. Tatro (In Re Tatro), 387 B.R. 833 (Bankr. D. Kan. 2008). “3d 1136 (2007) (There are no provisions in the Kansas UTMA prohibiting a parent custodian from using custodial property to pay expenses for the minor’s benefit, even when the expenses are for necessities a parent is generally obligated to provide for his or her child.”
K.S.A. § 38-1714(a): 2 cases
Wilson v. Wilson, 154 P.3d 1136 (Kan. Ct. App. 2007). “” K.S.A. 38-1714(a). “A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of tire custodial properly as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of…”
Mohr v. Tatro (In Re Tatro), 387 B.R. 833 (Bankr. D. Kan. 2008). “3d 1136 (2007) (There are no provisions in the Kansas UTMA prohibiting a parent custodian from using custodial property to pay expenses for the minor’s benefit, even when the expenses are for necessities a parent is generally obligated to provide for his or her child.”
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