Answer:
It's apparent from the way the check is payable to Gina Doe or to Nancy Doe in a custodial role. Accepting the check for deposit to Nancy Doe's individual account would place the bank on notice of a fiduciary breach if a claim were to be made on behalf of Gina Doe. There's a legal difference between a custodian and a guardian. With the check drawn as it is, it should be deposited to an account in the name of Gina Doe or an account in the name of Nancy Doe as custodian for Gina Doe.
First published on BankersOnline.com 11/19/07
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