Legal Question in Wills and Trusts in California

Re: Incompetent Hearing

If they have a living trust and/or powers of attorney, look to these documents for the procedures needed to prove incompetency. If these are not in place, a court conservatorship is needed to prove incompetency.

Regarding trust updates, your mother should see an attorney--this is especially important now as your father may be incompetent, so she'll have to pay careful attention to the trust language and Probate law.

Re: Incompetent Hearing

Thank you for your questions. As I believe you know, your mother will have to go through the conservatorship process unless she has durable powers of attorney in place. Your mother should probably have an attorney do this for her, and that same attorney review her estate planning documents. I am located in San Jose, and if I can be of assistance, please do not hesitate to contact me at (408) 268-2580.

Re: Incompetent Hearing

Don't forget to advise your mother that she herself should put into place a plan for herself, now too. She should have a durable power of attorney (appoints an "agent" and lasts during lifetime should she be unable to handle her affairs). Often, spouses rely on each other to do this...but now she needs to make her own provisions. Definitely have an attorney review the trust provisions, also, to ensure that sufficient monthly income is being paid out by the trustee (now probably your mom, but if she could not take care of it, there would be a successor trustee who has to follow the trust provisions).