Q&As

X and Y own a property jointly, Y has lost capacity and X's capacity is diminishing, X made a Property and Financial Affairs Lasting Power of Attorney naming A as their attorney. B has been appointed as Y's deputy for Property and Financial Affairs. Who is authorised to appoint a new trustee to stand in Y's place as property trustee to authorise the sale of the property? Is A, as X's attorney, authorized to take this step? Can B, as Y's deputy be appointed as the new trustee? Can an application for a new trustee as described above be started before the Court of Protection has issued the order naming B as Y's deputy?

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Published on LexisPSL on 12/01/2021

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • X and Y own a property jointly, Y has lost capacity and X's capacity is diminishing, X made a Property and Financial Affairs Lasting Power of Attorney naming A as their attorney. B has been appointed as Y's deputy for Property and Financial Affairs. Who is authorised to appoint a new trustee to stand in Y's place as property trustee to authorise the sale of the property? Is A, as X's attorney, authorized to take this step? Can B, as Y's deputy be appointed as the new trustee? Can an application for a new trustee as described above be started before the Court of Protection has issued the order naming B as Y's deputy?

X and Y own a property jointly, Y has lost capacity and X's capacity is diminishing, X made a Property and Financial Affairs Lasting Power of Attorney naming A as their attorney. B has been appointed as Y's deputy for Property and Financial Affairs. Who is authorised to appoint a new trustee to stand in Y's place as property trustee to authorise the sale of the property? Is A, as X's attorney, authorized to take this step? Can B, as Y's deputy be appointed as the new trustee? Can an application for a new trustee as described above be started before the Court of Protection has issued the order naming B as Y's deputy?

The opening paragraph of the question specifies that B has been appointed as Y's deputy, but the final paragraph indicates that B has not yet been appointed as such.

We are told that X's capacity is diminishing but it is not clear whether they still have sufficient power to exercise their trustee functions. If

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