Part II APPOINTMENT AND RETIRMENT OF TRUSTEES

20 Appointment of substitute for incapable trustee.

1

This section applies where—

a

a trustee is incapable by reason of mental disorder of exercising his functions as trustee,

b

there is no person who is both entitled and willing and able to appoint a trustee in place of him under section 36(1) of the Trustee Act 1925, and

c

the beneficiaries under the trust are of full age and capacity and (taken together) are absolutely entitled to the property subject to the trust.

2

The beneficiaries may give to—

a

a receiver of the trustee,

b

an attorney acting for him under the authority of a power of attorney created by an instrument which is registered under section 6 of the M1Enduring Powers of Attorney Act 1985, or

c

a person authorised for the purpose by the authority having jurisdiction under Part VII of the M2Mental Health Act 1983,

a written direction to appoint by writing the person or persons specified in the direction to be a trustee or trustees in place of the incapable trustee.