The Incapacitated Trustee

Any trusts and estates attorney who has been in practice for more than a few years is likely to have dealt with an incapacitated trustee. A common problem is that of a superannuated trustee who is no longer capable of either administering a trust of which he is the sole trustee, or meaningfully participating with his co-trustees in administering a trust of which he is one of several trustees. Similarly,

Any trusts and estates attorney who has been in practice for more than a few years is likely to have dealt with an incapacitated trustee. A common problem is that of a superannuated trustee who is no longer capable of either administering a trust of which he is the sole trustee, or meaningfully participating with his co-trustees in administering a trust of which he is one of several trustees. Similarly, a trustee may be incapacitated by alcoholism or drug addiction, or may suffer from a menta

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