Q: If a former conservatee has been declared competent, then restates their Living Trust, can the court on it's own motion

A: Under California law, if a former conservatee has been declared competent and has restated their Living Trust, the court generally does not have the authority to appoint a new trustee on its own motion years later, especially if the current trustee objects.

Here are a few key points to consider:

1. Capacity: Once a conservatee has been declared competent, they regain the legal capacity to manage their own affairs, including making decisions about their Living Trust.

2. Trust Amendment: If the former conservatee has restated their Living Trust while having the required mental capacity, the terms of the restated trust would typically govern the appointment and removal of trustees.

3. Court Intervention: Courts generally do not intervene in the administration of a trust unless there is a dispute or a petition brought by an interested party (such as a beneficiary) alleging misconduct, incapacity, or a serious breach of trust by the current trustee.

4. Trustee's Objection: If the current trustee objects to their removal and there is no evidence of wrongdoing or incapacity, the court would be unlikely to remove the trustee without a compelling reason.

However, there are some exceptions where a court might intervene, such as if there is evidence of the trustee's misconduct, mismanagement of trust assets, or if the trustee becomes incapacitated. In such cases, an interested party would typically need to petition the court for the removal of the trustee and the appointment of a new one.

It is always best to consult with a California trust and estate attorney for specific advice tailored to your situation, as they can review the terms of the Living Trust and provide guidance based on the particular circumstances involved.