Help required - Trustee diagnosed with dementia and LPA not suitable

marcusjm

Hoping you clever lot can help with an issue a friend is having.
His uncle inherited a house in trust many years ago. The uncle has been diagnosed with advanced dementia and transferred to a care home. My friend has an LPA in place for finance and health.
The home has recently been sold but the solicitor is stating the trust needs to be wound up before funds are released. In theory this should be relatively easy, however the solicitor also claims a new trustee would need to be appointed by the Court of Protection as the LPA does not cover trusts. Apparently this process takes circa 12 months.
Does anyone have experience and can give some advice please. I thought the LPA process covered such issues but am not an expert in trusts.
Thanks  

Keep_pedalling

I think the solicitor is correct the about the LPA as that only covers the uncle, not the trust he is a beneficiary of. What sort of trust is this? 

xylophone

https://www.furleypage.co.uk/what-to-do-when-a-trustee-loses-mental-capacity-to-carry-out-trustee-functions/

It would appear that your friend's solicitor has had regard to the considerations mentioned  in  the above and advised that an application to the Court will be necessary.