Section 5-102
(a)
Any person under a duty to pay or deliver money or personal property to a minor may perform the duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to:
- (1) the minor;
- (2) any person having the care and custody of the minor with whom the minor resides;
- (3) a guardian of the minor;
- (4) a custodian under the uniform transfers to minors act or a custodial trustee under the uniform custodial trust act; or
- (5) a financial institution as a deposit in a state or federally insured interest bearing account or certificate in the sole name of the minor with notice of the deposit to the minor.
(b)
If the person making payment or delivery knows that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending, the person may make payment or delivery only to the conservator.
(c)
Persons receiving money or property for a minor under subsection (a)(2) are obligated to apply the money to the support, care, education, health or welfare of the minor, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for necessary goods and services. Any excess sums shall be preserved for future support, care, education, health or welfare of the minor and any balance not so used and any property received for the minor shall be turned over to the minor when majority is attained.
(d)
A person who pays or delivers money or property in accordance with this section is not responsible for the proper application thereof.
Comment
Where a minor has only a small amount of property, it would be wasteful to require protective proceedings to deal with the property. This section makes it possible for other persons to handle the less complicated property affairs of the ward. Protective proceedings, including the possible establishment of a conservatorship, should be sought where substantial property is involved.
The protection afforded by the section is unavailable if the person making payment or delivery knows that a conservator has been appointed for the minor's estate or knows that a proceeding seeking appointment of a conservator is pending. By way of contrast, the protection is available in spite of a payor's knowledge that a guardian for the minor has been appointed or may be appointed as a result of a pending proceeding. Guardianship proceedings affecting minors are described in Part 2 of this Article. A conservator for a minor comes into existence, if at all, incident to a protective proceeding as described in Part 4 of this Article. A guardian's powers, described in § 5-209, do not include the authority to compel payment of money due the ward unless no conservator has been appointed. See § 5-209(c)(3). In contrast, a conservator has title to all assets of the minor's estate, except as otherwise provided in the case of a limited conservator. See § 5-419.
Massachusetts comment
Massachusetts has adopted the Uniform Transfers to Minors Act, G.L. c. 201A and the Uniform Custodial Trust Act, c. 203B.