Page 11 - Successor Trustee Handbook
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CHAPTER 3



                        CHECKLIST OF IMMEDIATE ACTIONS

                          UPON DISABILITY OR INCAPACITY




         This chapter is designed to enable you, the person named as the “Successor Trustee” in
         someone’s  Living  Trust,  to  handle  the  affairs  of  the  person  who  set  up  the  Trust  (the
         “Trustor”), when that person becomes disabled, incapacitated, or otherwise is unable or
         just unwilling to act as his or her own Trustee.  You may be married to the Trustor and
         have  been  serving  as  Co-Trustee  along  with  him  or  her.  You  may  be  a  child  of  the
         Trustor, or a distant relative, friend, or independent third party stepping in.  This is not
         intended as an exhaustive or detailed list of all the actions which should be taken by you
         as Trustee.  Rather, it is intended to give you a brief, general checklist which will help
         you immediately step in and handle those items that demand your attention first.  After
         reviewing this checklist, it is recommended that you then read through the rest of this
         Manual  (beginning  at  the  Chapter,  “Reviewing  the  Trust  (and  Other  Estate  Plan
         Documents)”).    These  other  portions  of  the  Manual  will  provide  you  with  significantly
         more detail and explanation of the actions on this checklist, as well as further actions
         you may need to take as Trustee.

           The  following  actions  are  recommended  upon  the  disability,  incapacity,  inability  or
         unwillingness of the Trustor to act as Trustee (some of these may also apply if the Trustor
         voluntarily resigns as Trustee; see the Chapter, “Transition to Another Trustee”):


                 If you are the Trustor’s spouse, or another close family member, and the Trustor’s
                 incapacity has happened suddenly, the most important thing is to take care of
                 yourself first. Shock and trauma can take unexpected forms. Most actions that
                 will need to be taken do not have to be done immediately and, if you act too
                 quickly  out  of  worry  or  anxiety,  you  may  do  the  wrong  things  and  make  bad
                 decisions. You should contact a family member or friend who can spend time
                 with you, either by phone or in person, during the next few hours or days, until
                 such time as you are emotionally stable and can pursue the other items on this
                 checklist.  Avoid  entering  contracts  for  anything  while  you  are  still  in  a  highly
                 emotional state and avoid spending or lending large sums of money.



                 Contact by telephone or otherwise notify the immediately family, close friends,
                 business colleagues and the Trustor’s employer (even if the Trustor has retired,
                 as there may be some company benefits still available).




                 Arrange  for  the  care  of  members  of  the  immediate  family  who  may  need
                 continuing personal attention, including appropriate in-home living assistance
                 or childcare.



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