Incapacity Provisions

What is it?

Incapacity provisions define what happens if you (the grantor) become mentally or physically unable to manage your affairs. They specify how incapacity is determined and who takes over management of the trust.

Why is it important?

These provisions allow for a smooth transition of control without court intervention. Without them, your family might need to go through an expensive and public guardianship proceeding to manage your assets if you become incapacitated.

Example Language

The Grantor shall be deemed incapacitated upon written certification by two licensed physicians that the Grantor is unable to manage their financial affairs. Upon such determination, the successor trustee shall assume all trustee duties.