In Rands v. Rands, 178 Cal. App. 4th 907 (App. Ct. 2009), the trust provided that settlor’s incapacity could be established by the certification of two physicians, and the revocation of such certification could be accomplished by the certification of two other doctors that the settlor was no longer incapacitated. The court held that the letters revoking the certification of incapacity were not sufficient when the physicians certifying the settlor was no longer incapacitated had not seen or read the earlier letters certifying incapacity, since the later doctors had to acknowledge a change in recovery of capacity.
Special thanks to Martin Beglieter (professor of law, Drake University) for providing this information.
