determination of incapacity shall be made by either a court of competent jurisdiction or two physicians licensed to practice medicine in the state where the Grantor is domiciled at the time of the certification. One of the two physicians shall be board certified in the specialty most closely associated with the cause of the Grantor’s incapacity. The Grantor shall be deemed to have regained capacity if there is a finding to that effect by a court of competent jurisdiction or two licensed physicians that the Grantor is capable of managing his or her personal and financial affairs. Article 17. Order of Death: At the time of the Trust’s creation the Grantor: (Choose One) - Is Not Married ☐ - Is Married with the spouse known as _____________________ (referred to ☐ as the “Grantor’s Spouse”) and therefore if their death occurs where it cannot be determined whether who died first, the Grantor or the Grantor’s Spouse, then the property and assets shall be transferred as follows: (Check One) - Grantor Dies First – The Grantor shall be determined as the individual ☐ that died first with the estate of the Grantor’s Spouse able to claim any and all property, life insurance claims, and any other property in the same right as if the Grantor’s Spouse survived the Grantor. ☐ - Grantor Dies Second – The Grantor shall be determined as the individual that died second with the estate of the Grantor’s Spouse not able to claim any property, life insurance claims, or any other property in
determination of incapacity shall be made by either a court of competent jurisdiction or two physicians licensed to practice medicine in the state where the Grantor is domiciled at the time of the certification. One of the two physicians shall be board certified in the specialty most closely associated with the cause of the Grantor’s incapacity. The Grantor shall be deemed to have regained capacity if there is a finding to that effect by a court of competent jurisdiction or two licensed physicians that the Grantor is capable of managing his or her personal and financial affairs. Article 17. Order of Death: At the time of the Trust’s creation the Grantor: (Choose One) ☐ - Is Not Married ☐ - Is Married with the spouse known as _____________________ (referred to as the “Grantor’s Spouse”) and therefore if their death occurs where it cannot be determined whether who died first, the Grantor or the Grantor’s Spouse, then the property and assets shall be transferred as follows: (Check One) ☐ - Grantor Dies First – The Grantor shall be determined as the individual that died first with the estate of the Grantor’s Spouse able to claim any and all property, life insurance claims, and any other property in the same right as if the Grantor’s Spouse survived the Grantor. ☐ - Grantor Dies Second – The Grantor shall be determined as the individual that died second with the estate of the Grantor’s Spouse not able to claim any property, life insurance claims, or any other property in
Hawaii-Revocable-Living-Trust-Form.docx