Settlor Incompetence and The Trustee's Quandary

It can be difficult on a personal level to watch a client, whom you may have known for years, begin to lose his mental capacity. But if that client is the settlor of a revocable trust of which you are a trustee, the settlor's incompetence can also put you in a precarious legal position. In most states, so long as the settlor lives and is mentally competent, the trustee owes all duties solely to the

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