Various Incapacitated Persons, Re (Appointment of Trust Corporations As Deputies) [2018] EWCOP 3 (25 January 2018)

Various Incapacitated Persons, Re (Appointment of Trust Corporations As Deputies) [2018] EWCOP 3 (25 January 2018)

The Court held that, to be satisfied of a trust corporation's suitability for appointment as property and affairs deputy, it is sufficient and proportionate to require self-reporting with a declaration of truth as to legal capacity to act, undertakings to comply with Public Guardian standards, and confirmation of regulatory and insurance arrangements. Where the trust corporation is not externally regulated, further information and scrutiny are required. The Court will not impose detailed evidential requirements beyond those for individual professional deputies, but will require undertakings and may direct reports from the Public Guardian as needed.

Citation
[2018] EWCOP 3
Parties
Applicants: Eleven Trust Corporations (listed in Schedule 1); Interested Party (not a Party to Proceedings): Public Guardian
Jurisdiction
England and Wales
Judgment Date
25 January 2018
Procedural Posture
Court of Protection Property and Affairs Deputyship Applications / Judgment on Requirements for Appointment of Trust Corporations as Deputies
Outcome
Guidance issued; applications to proceed subject to compliance with requirements set out in judgment.
Legal Topics
Appointment of Deputies, Trust Corporations, Court of Protection Procedures, Professional Indemnity Insurance, External Regulation, Security Bonds
Mental Capacity Law Trusts and Estates Professional Regulation Appointment of Deputies Trust Corporations Court of Protection Procedures Professional Indemnity Insurance External Regulation +1 more

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Parties

Eleven Trust Corporations (listed in Schedule 1)

Applicants

Public Guardian

Interested Party (not a Party to Proceedings)

Procedural Posture

Court of Protection Property and Affairs Deputyship Applications / Judgment on Requirements for Appointment of Trust Corporations as Deputies

Legal Issues

  1. 1 What information is required for the Court to be satisfied that a trust corporation is a fit and proper legal person to be appointed as property and affairs deputy?
  2. 2 What undertakings and evidence must a trust corporation provide to demonstrate suitability, internal controls, and regulatory compliance?
  3. 3 How should the Court address the risks associated with insurance aggregation and external regulation?

Ratio Decidendi

The Court held that, to be satisfied of a trust corporation's suitability for appointment as property and affairs deputy, it is sufficient and proportionate to require self-reporting with a declaration of truth as to legal capacity to act, undertakings to comply with Public Guardian standards, and confirmation of regulatory and insurance arrangements. Where the trust corporation is not externally regulated, further information and scrutiny are required. The Court will not impose detailed evidential requirements beyond those for individual professional deputies, but will require undertakings and may direct reports from the Public Guardian as needed.

Court Disposition

Guidance issued; applications to proceed subject to compliance with requirements set out in judgment.

Orders

  • Trust corporations must provide a declaration of truth as to their lawful capacity to act as deputy.
  • Trust corporations must undertake to comply with Public Guardian standards for professional deputies and notify the Public Guardian of any change in status.