Appointment of Trustee by an attorney

A property is co-owned by husband and wife. Husband loses capacity having appointed his wife as his sole attorney under a Lasting Power of Attorney. The property is to be sold. Wife cannot appoint a second Trustee in her personal capacity as a co-owner cannot sign the Transfer on the sale for herself and the co-owner. However, can wife in her capacity as Attorney for her husband appoint a second Trustee on behalf of her husband?

Gary Taylor
Progressive Wills Ltd.

Provided that there is no restriction against doing so within the LPA (or terms of the trust of land) , s.1 Trustee Delegation Act 1999 provides for this.

Paul Saunders

The wording we use is:
“Attorney” confirms that “incapacitated donor” has a beneficial interest in the property at the date of this Transfer.
“Attorney” in exercise of his or her power under s8 Trustee Delegation Act 1999 appoints (x) to be a trustee of the property with “Attorney” for the purpose of giving a good receipt for capital monies".

See s36 (6A-D) Trustee Act 1925 for EPAs and Mental Capacity Act 2006 Schedule 6 for LPAs

Nicola Briggs
Switalskis Solicitors

I have a similar situation where Husband has died and two daughters are joint and several attorneys for Wife (their mother). The property is unregistered and sale will now lead to first registration.

My thought is that one daughter acts as Mum’s Attorney and using your (very helpful) suggested wording she appoints her sister as the additional trustee? They are both PR’s for their Dad but I don’t think this really adds anything as legal title has passed to Mum.

Have you ever had any requisitions raised by the LR using this wording please?

Many thanks

Katherine Melkerts
Melkerts Solicitors