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.