Table of Contents
Key Takeaways
Understanding Trustee Incompetence
Legal Steps to Take When a Trustee Becomes Incompetent
Determining Mental Incompetence Under California Law
Why Acting Quickly Matters
How The Grossman Law Firm Can Help
Related Resources
FAQ
Key Takeaways
- A mentally incompetent trustee cannot properly manage trust assets or fulfill fiduciary duties.
- California law allows a successor trustee to step in when the acting trustee becomes incapacitated.
- Medical evaluations and legal documentation may be required to confirm incompetence.
- Acting quickly helps prevent loss, mismanagement, or delay in trust administration.
Understanding Trustee Incompetence
Even trustees—often close family members or trusted friends—can experience cognitive decline, illness, or injury that prevents them from carrying out their duties. When this happens, the trust may be left unmanaged, putting the beneficiaries’ inheritance at risk.
At The Grossman Law Firm, we regularly assist beneficiaries and successor trustees in California when a trustee becomes mentally incompetent or otherwise unable to act. Understanding the legal process for confirming incompetence and appointing a replacement is essential to protect the trust’s assets.
Legal Steps to Take When a Trustee Becomes Incompetent
If you suspect the current trustee is mentally incompetent, here’s what to do:
- Consult an experienced trust litigation attorney.
- A California trust litigation attorney can help you understand your rights, review the trust’s provisions, and determine whether the trustee’s condition meets the legal definition of incompetence.
- Review the terms of the trust.
- Many trusts include instructions for determining trustee incapacity. These may specify medical documentation, a physician’s declaration, or even the opinion of multiple doctors.
- Gather necessary documentation.
- Collect medical evaluations, doctors’ statements, or other records showing that the trustee cannot manage financial or administrative duties.
- File a petition if required.
- If the trust doesn’t specify how to determine incompetence—or if there’s disagreement—you may need to petition the California probate court to remove the trustee under California Probate Code §15642 formally.
- Transition authority to the successor trustee.
- Once incapacity is confirmed, the successor trustee assumes control to protect and manage the trust assets.
Determining Mental Incompetence Under California Law
California law defines mental incompetence as the inability to understand or manage one’s affairs, often verified by a medical professional. Most trust instruments align with this definition and require:
- A written statement from one or more licensed physicians confirming the trustee’s incapacity, or
- A court order determining that the trustee is unable to serve.
The specific requirements depend on the trust language. If the trust is silent, a court petition may be necessary to avoid disputes among beneficiaries.
Why Acting Quickly Matters
Failing to act when a trustee is mentally incompetent can have serious consequences. Without active management, trust assets can be:
- Lost or wasted through neglect
- Mismanaged due to unpaid bills, taxes, or unmonitored investments
- Delayed in distribution, harming beneficiaries’ rights
The sooner you address the issue, the better chance you have of preserving the trust’s value and ensuring a smooth transition of authority.
How The Grossman Law Firm Can Help
For over 20 years, The Grossman Law Firm has represented California beneficiaries and successor trustees in trust and probate litigation. We help clients:
- Remove trustees who are mentally incompetent or unfit to serve
- Protect trust assets from waste or neglect
- Petition the probate court to confirm successor authority
- Enforce fiduciary duties under California law
Our firm focuses exclusively on California trust and probate litigation—never estate planning. If you believe a trustee has become mentally incompetent, we can guide you through the process of protecting the trust and your inheritance.
Related Resources
- Overview of California Trust Litigation
- Can a Trustee Be Removed for Mishandling Assets?
- Irrevocable Trust Beneficiary Rights in California
- Duties of a Trustee of an Irrevocable Trust
- Trustee Duties: Understanding the Trustee Standard of Care
- 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties
- Can’t Afford a Probate or Trust Attorney?
FAQ
What if the trustee refuses to step down?
If the trustee denies incapacity but is unable to perform their duties, a court petition may be necessary to remove them under Probate Code § 15642. The court can suspend its powers and appoint a temporary or permanent replacement.
Can family members declare the trustee incompetent?
Not on their own. While family input is helpful, medical evidence or a court order is typically required to prove incapacity legally.
Can an attorney act as a successor trustee after removal?
Yes, suppose the trust names an attorney or professional fiduciary as the successor trustee. In that case, they can assume the role once incapacity is established.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduledfor a Free Phone Consultation with Attorney Scott Grossman.
Originally Published July 19, 2017