Trustee Removal. At any time that the Settlor or the Settlor’s spouse is serving as Trustee, if the Successor Trustee is in possession of any of the following: (a) A court order, which the Successor Trustee deems to be jurisdictionally proper and still currently applicable, holding the Settlor and/or the Settlor’s spouse to be legally incapable to act in their own behalf or appointing a Conservator to act for the Settlor and/or the Settlor’s spouse; or (b) Duly executed, witnessed and acknowledged written certificates of two licensed physicians (each of whom represents that he is certified by a recognized medical board), each certifying that such physician has examined the Settlor and/or the Settlor’s spouse and has concluded that, by reason of accident, physical or mental illness, progressive or intermittent physical or mental deterioration, or other similar cause, the Settlor and/or the Settlor’s spouse had, at the date thereof, become incapable to act rationally and prudently in the Settlor's and/or the Settlor’s spouse’s own financial best interests; or (c) Evidence which the Successor Trustee deems to be credible and still currently applicable, that the Settlor and/or the Settlor’s spouse has disappeared, is unaccountably absent, or is being detained under duress where the Settlor and/or the Settlor’s spouse is unable effectively and prudently to look after the Settlor's and/or the Settlor’s spouse’s own financial best interests;
Appears in 1 contract
Sources: Revocable Trust Agreement
Trustee Removal. At any time that the Settlor or the Settlor’s spouse is serving as Trustee, if the Successor Trustee is in possession of any of the following:
(a) A court order, which the Successor Trustee deems to be jurisdictionally proper and still currently applicable, holding the Settlor and/or the Settlor’s spouse to be legally incapable to act in their own behalf or appointing a Conservator to act for the Settlor and/or the Settlor’s spouse; or
(b) Duly ▇▇▇▇ executed, witnessed and acknowledged written certificates of two licensed physicians (each of whom represents that he is certified by a recognized medical board), each certifying that such physician has examined the Settlor and/or the Settlor’s spouse and has concluded that, by reason of accident, physical or mental illness, progressive or intermittent physical or mental deterioration, or other similar cause, the Settlor and/or the Settlor’s spouse had, at the date thereof, become incapable to act rationally and prudently in the Settlor's and/or the Settlor’s spouse’s own financial best interests; or
(c) Evidence which the Successor Trustee deems to be credible and still currently applicable, that the Settlor and/or the Settlor’s spouse has disappeared, is unaccountably absent, or is being detained under duress where the Settlor and/or the Settlor’s spouse is unable effectively and prudently to look after the Settlor's and/or the Settlor’s spouse’s own financial best interests;
Appears in 1 contract
Sources: Revocable Trust Agreement