Legal Question in Wills and Trusts in California

The Trust document should spell out how a successor trustee takes over if the grantor is incapacitated. If not, you may have to request judicial appointment.

As for decision making powers, the Trust document should state what powers the successor trustee has. Usually, those powers are only financial and only over trust property.

Did the grantor sign an Advance Health Care Directive? That document may appoint a successor power of attorney. If not, a conservatorship of the person may be required.

I suggest you contact a local probate attorney for a consultation. The expense will be well worth the guidance to make sure the estate and the person are properly cared for.

Normally you will need to obtain written evidence of incapacity from a physician, but the trust agreement may require more. You should retain a qualified attorney for advise regarding this and other issues that can arise in this situation.