Section 20 Appointment of substitute for trustee who lacks capacityF5

England and Wales

(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—

F2(a)

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.

Annotations

Textual amendments

F1: Words in s. 20(1)(a) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 42(3)(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F2: S. 20(2)(a) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 42(3)(b)(i) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F3: Words in s. 20(2)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 42(3)(b)(ii) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F4: Words in s. 20(2)(c) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 42(3)(b)(iii) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F5: S. 20 title substituted (1.10.2007) by virtue of Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 42(3) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)