The capacity required of a settlor is the same as that required to make a will and is required to create, amend, revoke, or add property to a trust, to direct the actions of the trustee where permitted, and to exercise powers and rights, if any, reserved or granted to the settlor under the terms of the trust or applicable law.
N.D. Cent. Code § 59-09-04.1
Settlor's capacity
Known as the North Dakota Uniform Trust Code
The act spans §§ 59-09-01 to 59-09-13 (14 sections).
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.