Legal Question in Wills and Trusts in California
If a settlor is declared "of diminished capacity", does that mean the settlor is no longer "competent" in the meaning of CA PC 15800? The trust specifically states that it becomes irrevocable upon the settlor's death. Does diminished capacity affect irrevocability?
Asked on 12/17/12, 4:13 pm
1 Answer from Attorneys
Chris Johnson
Christopher B. Johnson, Attorney at Law
It's tricky, as the lack of capacity for conducting one's affairs may not mean that the person lacks the capacity to amend a trust or make a will. Still, the prudent course would be to obtain a court order allowing any changes. The trust, unless it says otherwise, remains technically revocable during the settlor's incapacity. Again, though, any changes after incapacity would be suspect unless approved by a court.
Answered on 12/17/12, 4:28 pm