Title 44, Chapter 5, Section 128
(a) A person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian may decline to serve by delivering a valid disclaimer under Code Section 53-2-115 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 Code Section 44-5-113, the person who made the nomination may nominate a substitute custodian under Code Section 44-5-113; 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 subsection (a) of Code Section 44-5-119. The custodian so designated has the rights of a successor custodian.
(b) A custodian at any time may designate a trust company or an adult other than a transferor under Code Section 44-5-114 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.
(c) A custodian may resign at any time by delivering written notice
to the minor if the minor has attained the age of 14 years and to
the successor custodian and by delivering the custodial property to
the successor custodian.
(d) If a custodian is ineligible, dies, or becomes incapacitated
without having effectively designated a successor and the minor has
attained the age of 14 years, the minor may designate as successor
custodian, in the manner prescribed in subsection (b) of this Code
section, an adult member of the minor's family, a guardian of the
minor, or a trust company. If the minor has not attained the age of
14 years or fails to act within 60 days after the ineligibility,
death, or incapacity, the guardian of the minor becomes successor
custodian. If the minor has no guardian or the guardian 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
(e) A custodian who declines to serve under subsection (a) of this
Code section or resigns under subsection (c) of this Code section,
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.
(f) 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 guardian of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Code Section 44-5-114 or to require the custodian to give appropriate bond.