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 on LexisPSL on 11/04/2018

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  • 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?

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?

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

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