The creation of a trust and will requires the person to have "testamentary capacity," which means they must be of sound mind and able to understand the nature and extent of their property and the effects of their decisions. They must also be able to remember and communicate their wishes clearly.

If your father is experiencing memory issues, it is important to determine the cause and severity of his condition. If his memory loss is mild, he may still have the capacity to create a trust and will. However, if his memory loss is significant or progressive, it may be more challenging for him to meet the requirements for testamentary capacity.

If you are unsure about your father's capacity to create a trust and will, you may want to consult with a qualified attorney who specializes in estate planning. The attorney can evaluate your father's condition and provide guidance on the best course of action to ensure that his wishes are respected and his assets are protected. Additionally, it may be helpful to consult with your father's healthcare provider to assess his memory loss and to determine any treatments or accommodations that may be beneficial.