Arlington, TX asked in Estate Planning and Elder Law for Texas

Q: Must 2 doctors do mental evaluations in order to be qualified to sign "incompetency" forms ?

Dad's trust has an "incompetency" clause

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1 Lawyer Answer
Kathy Elizabeth Roux
Kathy Elizabeth Roux
  • Estate Planning Lawyer
  • Grapevine, TX
  • Licensed in Texas

A: The answer to your question depends on what the trust's incompetency clause states. Most trust agreements will either define incompetence or will allow the trustee to rely upon the opinion of physicians. If the trust document has an incompetency clause, it may address the issue of how to determine whether the grantor is incompetent and who makes the determination.

However, if the trust's incompetency clause is lacking, then you may need to obtain a judicial determination of incompetence.

You should consult with an attorney for a review of the trust, and the incompetency clause.

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