Analysis
Allied Services Trust (A), a registered charity and authorised trust corporation, applied to be appointed as deputy for property and affairs of an incapacitated adult, TWAH. A filed evidence of its authority to act as a trust corporation, and articles, details of the regulation from the Charity Commission, and its insurance policy. The court considered the application and gave guidance on the appointment of trust corporations linked to a charity.
Held, allowing the application and appointing A as TWAH ‘s deputy:
1) Applying the guidance in Various Incapacitated Persons and The Appointment of Trust Corporations as Deputies, that in order to appoint a trust corporation as a deputy, the court required a declaration that the trust corporation was authorised to act as such, and that it had appropriate internal management, supervision and control; and required information as to what external supervision there is, and information as to the amount of protected persons ‘ assets held, how they are held, and whether the trust corporation holds adequate insurance.
2) A was subject to the regulatory regime of the Charity Commission, which was broadly comparable to that of the Solicitors Regulatory Authority. Although there was no compensation scheme provided by the Charity Commission, that was not part of the regulatory regime as such, the SRA ‘s scheme was discretionary, and deputies were required to provide a security bond in any event. The absence of a compensation scheme therefore did not render the package of protective measures afforded by the Charity Commission ‘s regulation inadequate.
3) A held professional indemnity cover which excluded liability for dishonesty. The Court was satisfied that the particular policy was equivalent to the SRA ‘s Minimum Terms for insurance in that the policy would only exclude liability to the people who have committed or condoned the fraud or after the fraud was detected.
4) A trust corporation linked to a charity would be required to give the same undertakings on the additional page to COP4 as a trust corporation linked to a legal practice, with appropriate modifications. It would also be required to file a copy of its authorisation by the Lord Chancellor to act as a trust corporation and confirmation of its charitable registration. It is not necessary to file articles of association.
JUDGMENT JUDGE HILDER: The Scope of Proceedings [1] Allied Services Trust has applied for appointment as property and affairs deputy for TWAH. I am satisfied on the basis of evidence filed with the application that TWAH lacks capacity to manage his property and affairs. On 26th February 2018 Deborah Pardoe, who is the CEO of …Continue reading "Re Twah [2019] WTLR 1405"