Where a trustee of an existing trust loses mental capacity, the first aspect to consider is the trust deed. Some trust deeds include a provision whereby, if a trustee loses mental capacity, that trustee is to be treated as if he or she has died. In these circumstances, it does not matter that the trustee may have executed a lasting power of attorney as the individual (and any attorney who may have been appointed) will have no power to act as trustee under the trust.

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