If your trustee is incapacitated, they may be unable to fulfill their duties and responsibilities as trustee. Depending on the terms of the trust agreement and the specific circumstances, there may be provisions in place for handling such a situation. For example, the trust agreement may name a successor trustee to take over if the original trustee becomes incapacitated. Alternatively, the trust agreement may specify a process for appointing a new trustee.

If the trust agreement does not address the issue of incapacitation, or if the incapacitated trustee is the sole trustee and there is no successor trustee, the situation may become more complex. In such cases, it may be necessary to seek the appointment of a new trustee through the courts. This can be a time-consuming and costly process, so it is important to carefully consider who you name as trustee and to include provisions in the trust agreement for handling potential incapacity.

Always seek the advice of a qualified lawyer.