This chapter examines the appointment, retirement and capacity of trustees. They are initially appointed under the trust instrument by the settlor but provision must be made for their replacement. The settlor can reserve the power to appoint new trustees in the trust instrument, alternatively a named person may have the power. There is a statutory power to appoint where no provision has been made by the settlor and the appointment may be made by the surviving or continuing trustees. On rare occasions appointment can be made by the court or by the beneficiaries. Anyone with legal capacity can be appointed as a trustee although a minor cannot be a trustee of land. Professional trustees are sometimes appointed. There is no limit on the number of trustees for a trust of personalty but for trusts of land the limit is four. The Trustee Act 1925 provides for when a trustee can retire or be removed. Trustees are not usually paid but in some circumstances payment is made subject to provisions in the common law or the Trustee Act 2000. This act widened the circumstances when remuneration will be made to the trustees.

Persons with special needs are in an extremely vulnerable position where they are potentially subject to financial abuse by rogues. Unfortunately, policy makers and scholars have not given this problem sufficient consideration. Drawing from the Singapore experience, this chapter explores the financial planning mechanisms available to persons with special needs which currently exist through legislation and various government and non-profit initiatives. It then considers several case studies of financial abuse of persons with special needs to expose the potential systemic weaknesses in the current regime. The aim of the chapter is to provoke a conversation on how societies can do better by enacting laws and implementing schemes to prevent financial abuse of persons with special needs.

This chapter examines adult guardianship and powers of attorney in England and Wales today. Section I considers the origin of modern adult guardianship law in Roman law and traces its development in English common law through to the current legal and institutional infrastructure of mental capacity jurisdiction. It then introduces the procedures of appointing a deputy, and evaluates the safeguards provided by the Office of the Public Guardian. Section II focuses on the policy considerations underpinning the legislation on enduring and lasting powers of attorney, the development of policy and legislation over the past 35 years, and potential developments in the foreseeable future. The author also compares deputyship with attorneyship, and explains the advantages of the former over lasting powers of attorney.