I have been asked to deal with a ‘property protection trust’ as the settlor has lost capacity and another trustee wishes to retire (firm who drew it up). Currently there are 4 trustees and the trust is discretionary, so there would be 2 continuing trustees (son and daughter) who are also attorneys under LPA for settlor (mum). The trust contains 1/2 house, mum owns other 1/2 outright and it needs to be sold to fund her care.
The trust states "The settlor has the power to remove any trustee and appoint new and additional trustees. After the death or loss of mental capacity of the settlor the trustees shall have the power to appoint new or additional trustees"
I am not sure if this is sufficient for the continuing trustees to retire the other 2 (one with consent - the other without capacity) without replacing them, or whether we could do a deed of appointment of the 1/2 share without retiring them, or whether we can just sell the property without reference to the trust - the title is just in the names of mum, son and daughter with a form A restriction - no mention of the trust at all.