I am acting on behalf of a pension company, currently assisting with the administration of a SSAS for an individual. The individual is the sole member of the scheme, and also the sole trustee and the scheme adminstrator. The individual has reached a point where he is not mentally capable of make decisions as a trustee. He has an LPA appointing his wife, but this obviously does not cover his powers as trustee.
I am hoping to advise on a mechanism for replacement of the sole trustee via the court, but am concerned that removal of the sole member-trustee will bring the scheme outside of the exceptions in pensions legislation afforded to it as a relevant small occupational pension scheme. The pension company is similarly concerned.
As an alternative to s.41 Trustee Act application to court for removal, is it possible to apply to the Court of Protection for an order that his wife be authorised to act on his behalf as trustee, effectively delegating to her under s.25 TA? If this is possible, would the application to the COP need to be renewed annually?
Naomi Neville
Shoosmiths