Incapacitated trustee

I have an issue where two trustees have a legal charge over a property. The trustees wish to remove the charge however, one of them has lost capacity. The trustee who has lost capacity is also the legal owner of the property but has a registered F&P LPA.

I am wondering if s1 of the Trustee Delegation Act 1999 can be used by the attorney to give good receipt on the trustee’s behalf following the removal of the charge. The other trustee would be signing as well.

Any guidance would be greatly appreciated.

Sophie Walshe
Waddington Turner Wall