Matthew Duncan explains what a charity-run trust corporation must produce to satisfy the court it is a fit and proper person for a deputyship

A recent ruling from the Court of Protection (CoP) has clarified the ability of a trust corporation not regulated by the Solicitors Regulation Authority (SRA) to be appointed as a deputy. The ruling has provided useful guidance on the issue. In Re Twah [2019] EWCOP 36, Her Honour Judge Hilder held that a charitable trust corporation can be appointed as a professional deputy for property and financial affairs for a mentally incapacitated individual (Twah). From a practitioner’s point of view, the judgment will assist in advising charity-run trust corporations to make successful applications to the CoP for deputyship appointments.

THE BACKGROUND The case concerned an application by Allied Services Trust, a registered charity, t...

Matthew Duncan
Druces LLP

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