Ann Stanyer reports on a recent decision clarifying how trust corporations may be appointed as deputies, & the safeguards the court expects before approving them
- The Court of Protection confirmed that Category 3 (unregulated) trust corporations can be appointed as deputies, but only with strict safeguards and undertakings.
- The court stressed the need for adequate insurance and transparency with the Public Guardian.
The Court of Protection has recently authorised the use of a new category of trust corporation to act as deputy appointed by that court. It is instructive to review how the court reached this decision.
Re Various Incapacitated Persons
The case of Re Various Incapacitated Persons [2018] EWCOP 3 involved an application for 36 different persons for the appointment of property and affairs deputies of a trust corporation. The court had to consider whether a trust corporation was a fit and proper legal person to hold such an appointment. The court acknowledged the benefits of appointing a trust corporation to be a deputy. These, it said, included:
- ‘Continuity: new trustees are never needed, as a trust corporation
