Various Incapacitated Persons, Re (Appointment of Trust Corporations As Deputies)

Various Incapacitated Persons, Re (Appointment of Trust Corporations As Deputies)

The Court may be satisfied that a trust corporation is suitable for appointment as property and affairs deputy if an authorised person provides undertakings confirming lawful status, compliance with Public Guardian standards, appropriate regulatory status or equivalent undertakings, maintenance of adequate insurance, and immediate notification of any changes, with ongoing supervision by the Public Guardian.

Parties
Protected Persons: Various Incapacitated Persons; Applicant Trust Corporation: Irwin Mitchell Trust Corporation; Applicant Trust Corporation: Slater and Gordon Trust Corporation; Applicant Trust Corporation: JMW Solicitors LLP Trust Corporation; Applicant Trust Corporation: Freeths Trust Corporation; Applicant Trust Corporation: PSG Trust Corporation; Applicant Trust Corporation: Stephensons Trust Corporation; Applicant Trust Corporation: Russell-Cooke Trust Corporation; Applicant Trust Corporation: Chattertons Trust Corporation; Applicant Trust Corporation: Enable Law Trust Corporation; Applicant Trust Corporation: Thomson Snell and Passmore Trust Corporation; Applicant Trust Corporation: Bromleys Trust Corporation; Interested Party: Public Guardian
Jurisdiction
England and Wales
Judgment Date
25 January 2018
Procedural Posture
Application for Appointment of Property and Affairs Deputy / Judgment on Requirements for Trust Corporation Appointment
Outcome
Directions issued for trust corporation applicants to file updated COP4 declarations with specified undertakings; Court will consider each application further on the papers.
Legal Topics
Appointment of Deputies, Trust Corporation Suitability, Regulatory Compliance, Insurance Requirements, Public Guardian Supervision
Mental Capacity Court of Protection Trusts and Estates Appointment of Deputies Trust Corporation Suitability Regulatory Compliance Insurance Requirements Public Guardian Supervision

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Parties

Various Incapacitated Persons

Protected Persons

Irwin Mitchell Trust Corporation

Applicant Trust Corporation

Slater and Gordon Trust Corporation

Applicant Trust Corporation

JMW Solicitors LLP Trust Corporation

Applicant Trust Corporation

Freeths Trust Corporation

Applicant Trust Corporation

PSG Trust Corporation

Applicant Trust Corporation

Stephensons Trust Corporation

Applicant Trust Corporation

Russell-Cooke Trust Corporation

Applicant Trust Corporation

Chattertons Trust Corporation

Applicant Trust Corporation

Enable Law Trust Corporation

Applicant Trust Corporation

Thomson Snell and Passmore Trust Corporation

Applicant Trust Corporation

Bromleys Trust Corporation

Applicant Trust Corporation

Public Guardian

Interested Party

Procedural Posture

Application for Appointment of Property and Affairs Deputy / Judgment on Requirements for Trust Corporation Appointment

Legal Issues

  1. 1 What information and undertakings are 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 regulatory and insurance requirements must be met by trust corporations seeking appointment?
  3. 3 How should the Court address concerns regarding internal management, supervision, and controls of trust corporations?

Ratio Decidendi

The Court may be satisfied that a trust corporation is suitable for appointment as property and affairs deputy if an authorised person provides undertakings confirming lawful status, compliance with Public Guardian standards, appropriate regulatory status or equivalent undertakings, maintenance of adequate insurance, and immediate notification of any changes, with ongoing supervision by the Public Guardian.

Court Disposition

Directions issued for trust corporation applicants to file updated COP4 declarations with specified undertakings; Court will consider each application further on the papers.

Orders

  • Trust corporation applicants must file within 14 days an up to date COP4 declaration with additional undertakings as set out in Schedule 2.
  • If the Court is not satisfied on the papers, the application will be listed for oral hearing.