On the basis that the power to appoint new trustees is vested in the trustees “as trustee”, I suggest that if such power is purported to be exercised by an attorney, the attorney must be acting under a power of attorney effective under s.25 Trustee Act 1925, or to which the Trustee Delegation Act 1999 (TDA) applies.
Even should the circumstances of the trust be such that s.1 TDA could apply, does the appointment and retirement of a trustee constitute the exercise of a “trustee function”? I am not confident that a change of trustees relates to land (as required by the TDA), rather than an administrative action in these circumstances.
Paul Saunders