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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Can a Trustee of a Trust declare a beneficiary mentally incapacitated

Customer Question

Can a Trustee of a Trust declare a beneficiary mentally incapacitated without a judicial hearing and or a psychiatric exam.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. The answer is generally 'no'. While a Trustee may allude to lack of capacity and refuse to sign terms or agreements with someone whom they believe to be incompetent, they generally cannot declare someone permanently incapacitated and unable to make decisions. If they suspect that is the case they would need to file for a hearing or request that the beneficiary provide an affidavit from their medical doctor attesting to competency. Sincerely, ***** *****