TN 10 (03-19)

PS 01820.041 Oregon

A. Age of Majority for the Uniform Transfers to Minors Acts in Oregon, Alaska, and Idaho

1. Syllabus

The Regional Chief Counsel (RCC) examines the age of majority under the Uniform Transfer to Minors Acts (UTMA) in Oregon, Alaska, and Idaho. In all three states, the age of majority ranges and may depend upon other factors, such as the method by which the property is transferred.

2. Opinion

QUESTION PRESENTED

Under the Oregon, Alaska, and Idaho Uniform Transfers to Minors Acts (UTMA), at what age will UTMA property be countable as either income or a resource for Supplemental Security Income (SSI) purposes?

BRIEF ANSWER

In Oregon, the age of majority for UTMA property ranges from 18 to 25 years of age, depending on the method by which the property transferred to the custodian and the intent of the transferor.

In Alaska, the age of majority for UTMA property ranges from 18 to 25, depending on the method by which the property transferred to the custodian, the nature of the property, and the intent of the transferor.

In Idaho, the age of majority ranges between 18 and 21, depending on the property’s transfer method.

SUMMARY OF FACTS

Current POMS states that UTMA property is countable as a part of a claimant’s income or resources once the claimant reaches age 18. See POMS SI SEA 01120.205. The Regional Office requested a legal opinion as to whether that POMS is accurate.

ANALYSIS

In order to be eligible for SSI, a claimant’s qualifying resources or income cannot exceed the dollar value set by statutory limits. 42 U.S.C. § 1382(a)(1)(A), (B) & (3)(B); 20 C.F.R. §§ 416.202(d), 416.1201, 416.1205; accord POMS SI 01110.003(A).

The Uniform Transfers to Minors Act (UTMA) authorizes a custodian to hold property on behalf of a minor. 39 Am. Jur. 2d Guardian and Ward § 104 (2018). During custodianship, the minor has few rights over the property. Id. Under agency policy, property transferred to minors under the UTMA does not qualify as income or a resource until the minor reaches the age of majority. POMS SI 01120.205(D)(3).

Oregon, Alaska, and Idaho adopted versions of the UTMA. Or. Rev. Stat. §§ 126.805 to 126.886; Alaska Stat. §§ 13.46.010 to 13.46.999; Idaho Code §§ 68-801 to 68-825. In each state, the age of majority (and the end of the custodianship) depends on largely the method by which the property was transferred to the custodian, and, if applicable, the type of property or whether the transferor authorized a later date.

A. Oregon

In Oregon, the age of majority ranges from 18 to 21 years of age, with the possibility of extending the age of majority to 25 years.

For property transferred to a custodian for the benefit of a minor by an irrevocable gift, an irrevocable exercise of a power of appointment, a will, or a trust, the default age of majority is 21. Or. Rev. Stat. §§ 126.816 . 126.819, 126.869(1). The age of majority may extend up to age 25 for those types of transfers, if a later age is specified by the transferor or the authorizing will or trust. § 126.872.

In contrast, the age of majority is 18 for property transferred without authorization from a will or trust. §§ 126.822, 126.869(2). Additionally, the age of majority is 18 for property transferred by a conservator. Id. The age of majority is also 18 if the property is transferred by a person who holds the property of, or owes a debt to, a minor without a conservator. §§ 126.869(2),126.826.

B. Alaska

The age of majority in Alaska ranges from 18 to 21 years of age, and may extend to 25 years of age.

In Alaska, the age of majority is 21 for property transferred by irrevocable gift or irrevocable exercise of a power of appointment, as well as for property transfers authorized by will or trust. Alaska Stat. §§ 13.46.030, 13.46.040, 13.46.190(1). For property transferred by the foregoing methods, the age of majority may extend up to 25 years if authorized by the transferor, or by the will or trust. § 13.46.195(d), (e).

The age of majority is 18 if the property is transferred without authorization by a will or trust. §§ 13.46.050(a), 13.46.190(2). It is also 18 if the property is transferred to a custodian by a conservator, or for minors without a conservator, by a person who holds the property of, or owes a debt to, a minor. § 13.46.050(b), 13.46.060, 13.46.190. For stock or membership in a native corporation that a minor is entitled to receive, the age of majority is likewise 18. § 13.46.085(e).

Notably, in Alaska, a custodian may extend the age of majority, regardless of the type of transfer, but the minor has a right to compel distribution. §§ 13.46.190, 13.46.197. If the minor does not compel distribution within a specific period[1] , however, the age of majority is extended. § 13.46.197(c).

C. Idaho

In Idaho, the age of majority ranges from 18 to 21 years of age.

The age of majority is 21 years of age if the property is transferred by an irrevocable gift or by the irrevocable exercise of a power of appointment. Idaho Code §§ 68-804, 68-820(1). The age of majority is also 21 if the transfer is authorized by will or trust. §§ 68-805, 68-820(1).

The age of majority is 18 if the property is transferred without authorization from a will or trust or for property transferred to a custodian from a conservator. §§ 68-806, 68-820(2). If property is transferred by a person who owes a debt to or holds property for a minor without a conservator, the age of majority is also 18. §§ 68-807, 68-820(2).

CONCLUSION

In Oregon, the age of majority for UTMA property ranges from 18 to 25, depending on the method by which the property transferred to the custodian and the intent of the transferor.

In Alaska, the age of majority for UTMA property ranges from 18 to 25, depending on the method by which the property transferred to the custodian, the nature of the property, and the intent of the transferor.

In Idaho, the age of majority ranges between 18 and 21, depending on the property’s transfer method.

The current POMS SI SEA 01120.205 does not accurately reflect the age of majority in the states of Oregon, Alaska, and Idaho for UTMA property. We recommend updating the POMS.


Footnotes:

[1]

Either within the six-month period that begins at the existing age of majority, or within 90 days after receiving the custodian’s written notice to extend. § 43.46.197(c).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1601820041
PS 01820.041 - Oregon - 03/06/2019
Batch run: 03/06/2019
Rev:03/06/2019