When you suspect that a loved one may no longer be mentally competent, you may begin to fear whether he or she is able to manage assets. This is of great concern, especially in cases where those assets are needed to provide support for your loved one while he is living. Your loved one’s living trust may contain provisions that allow you to step in as successor trustee when your loved one can no longer fulfill this role. Determining incapacity, however, may require judicial involvement.
Six Ways to Determine Incapacity Under a Trust
Firstly, you should always consult with an experienced and knowledgeable attorney. This is because issues relating to mental capacity are complex and can have far-reaching consequences. Therefore, your attorney will assist you in reviewing the terms of the trust to see whether guidance is given for determining incapacity. Some possibilities that you may find include the following:
Incapacity is determined by
1. A licensed physician
3. A team of physicians
4. The trustee
5. Another individual
6. According to a specified definition
Determining incapacity is only the first step in the process of removing your loved one as trustee of his trust. Your next steps will involve trustee acceptance forms and the actual responsibility of managing your loved one’s affairs. At the Grossman Law Firm, we have helped many successor trustees step into these roles smoothly and efficiently. We would be pleased to do the same for you. We encourage you to contact us today by filling out our easy online contact form, located directly on our website.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307