Demonstrating the Mental Incapacity of a California Trustee: 4 Steps

When the trustee of a trust in California begins to lose his or her mental capacity, the trust may suffer harm as a result. The trustee is in charge of administering the trust and protecting the trust assets. Assets are put at risk if the trustee is not mentally competent. As a result, it is important for the beneficiaries of a trust to monitor the actions of the trustee and be aware when possible signs of mental incapacity arise.

What can you do to demonstrate the mental incapacity of a trustee?

The following are four helpful steps:

1. Look for early signs of mental incapacities, such as forgetfulness or trusting unknown persons without good cause.
2. Carefully review the terms of the San Diego trust. Often, the trust instrument will outline the actions that must take place in order to demonstrate mental incapacity. This may include the types of medical evaluations that are legally sufficient to remove the trustee.
3. Request that the trustee undergo a neurological and psychological evaluation. Obtainment of a report from two physicians or psychologists is ideal.
4. Pursue legal action through the San Diego probate court if the trustee is resistant to undergoing these tests.

For more information, view our article, Potential Evidence of Mental Incompetence and San Diego Probate. If you are the beneficiary of a trust in California and suspect that the trustee may no longer have the mental capacity to fulfill his or her duties, contact us today for guidance.