Q&As

The power to appoint new trustees is vested in the settlor of a trust but the settlor has lost capacity. Does the Court of Protection have any jurisdiction to take a decision on behalf of the settlor in these circumstances or will the power to appoint automatically fall to the other trustees of the trust?

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Published by a LexisNexis Private Client expert
Published on: 11 April 2018

Section 18(1)(j) of the Mental Capacity Act 2005 (MCA 2005) states that the Court of Protection has power to make decisions regarding ‘the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee or otherwise’. This provision would appear to include a power vested in P, as settlor

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United Kingdom
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