Legal Question in Wills and Trusts in California

It depends on this persons mental capacity, not physical capacity. For example, if a person is physically frail and needs care because of this condition, but still has the ability to think clearly and communicate his/her thoughts, that person still can change the living trust.

However, depending on the language in the trust, there may be limitations on the ability of the surviving spouse to amend or revoke the trust. In some instances, the surviving spouse cannot change the disposition of community property and the deceased spouses separate property unless this power is spelled out in the trust.