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.