Legal Question in Wills and Trusts in California
Competency as defined by law
A person is 103 years old and has been very ill for over a year. His estate is in a trust with a designation for two trustees, of which he is one. At what point would the person fail to qualify to act as trustee?
Is there a legal definition for a person's competency in this situation?
1 Answer from Attorneys
Re: Competency as defined by law
The trust itself probably defines incompetency, usually with something like certification in writing by two or three physicians that the person is no longer capable to carry out the duties of a trustee. If not, or if he is unwilling to give it up (and is still able to protest), a conservatorship may need to be filed in court.
Another solution may be to have him delegate some trustee duties (if he is able) to the other trustee.
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