Part II APPOINTMENT AND RETIRMENT OF TRUSTEES
20F5Appointment of substitute for trustee who lacks capacity
1
This section applies where—
a
a trustee F1lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise 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—
F2a
a deputy appointed for the trustee by the Court of Protection,
b
an attorney acting for him under the authority of F3an enduring power of attorney or lasting power of attorney registered under the Mental Capacity Act 2005
c
a person authorised for the purpose by F4the Court of Protection,
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.