Twah, Re

Twah, Re

Allied Services Trust, as a trust corporation linked to a charity, has provided all required declarations and undertakings, is subject to a regulatory regime broadly comparable to that of the SRA, holds sufficient professional indemnity insurance, and is therefore suitable for appointment as property and affairs deputy for TWAH.

Parties
Applicant: Allied Services Trust; Incapacitated Person: TWAH; Interested Party: Public Guardian
Jurisdiction
England and Wales
Judgment Date
21 August 2019
Procedural Posture
Court of Protection Property and Affairs Deputyship / Final Determination on Appointment of Deputy
Outcome
Application granted
Legal Topics
Appointment of Deputy, Regulation of Trust Corporations, Professional Indemnity Insurance, Supervision by Public Guardian
Mental Capacity Charity Law Trusts and Estates Appointment of Deputy Regulation of Trust Corporations Professional Indemnity Insurance Supervision by Public Guardian

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Parties

Allied Services Trust

Applicant

TWAH

Incapacitated Person

Public Guardian

Interested Party

Procedural Posture

Court of Protection Property and Affairs Deputyship / Final Determination on Appointment of Deputy

Legal Issues

  1. 1 What information and undertakings are required for a trust corporation linked to a charity to be appointed as property and affairs deputy?
  2. 2 Is the regulatory regime of the Charity Commission broadly comparable to that of the Solicitors Regulation Authority for these purposes?
  3. 3 Is the insurance cover held by Allied Services Trust sufficient for deputyship appointment?

Ratio Decidendi

Allied Services Trust, as a trust corporation linked to a charity, has provided all required declarations and undertakings, is subject to a regulatory regime broadly comparable to that of the SRA, holds sufficient professional indemnity insurance, and is therefore suitable for appointment as property and affairs deputy for TWAH.

Court Disposition

Application granted

Orders

  • The interim appointment of Ms. Pardoe as deputy is discharged.
  • Allied Services Trust is appointed as property and affairs deputy for TWAH.