7-11 November is National Trustees’ Week. This is a time to celebrate the tremendous contributions that almost one million trustees make to charities nationwide.
What is a trustee?
In essence, a trustee is someone who is legally responsible for the charity and decides how it is run and the overall strategy that it will follow. They may be called a director or board member but irrespective of their title, the law will see them as a trustee.
What do trustees do?
This will often depend on the size of the charity. Many charities are very small and as such don’t have any paid staff. In such a charity, the trustees will often be expected to be involved in the day-to-day running of the charity.
In larger charities that can afford to pay staff, the trustees will take on a more strategic role whilst leaving the day-to-day implementation of the strategy to the charity’s staff.
Regardless of the size of the charity, trustees have several important legal duties, including;
- Ensuring that the charity is carrying out its purposes for the benefit of the public
- Ensuring the charity complies with the rules set out in its governing document(s) and the law
- Acting in the charity’s best interests
- Managing the charity’s resources responsibly
- Acting with reasonable care and skill
- Making sure that the charity is accountable
Who can be a trustee?
In order to be a trustee you must be at least 16 years old if the charity is a company or a charitable incorporated organisation (CIO) or 18 years old for any other sort of charity.
You also must not be disqualified from being able to act. Common reasons for disqualification, include;
- Being bankrupt or having an individual voluntary agreement (IVA)
- Being on the sex offender’s register
- Having certain unspent convictions – generally, these relate to fraud, dishonesty, and deception.
The process for being appointed as a trustee will be set out in the charity’s rules and should be followed in full for the appointment to be valid.
Are trustees paid?
Generally, not. The vast majority of trustees act on a voluntary basis and as such are not paid for their time although they may be able to reclaim any expenses they incur in their role.
It is possible for some trustees to be paid. However, there are strict rules around this, and it should only ever be a minority of the charity’s trustees.
What do I do if I want to become a trustee?
There are several websites and organisations that specialise in helping charities recruit new trustees. Some charities will also advertise trustee vacancies on job websites.
If you are struggling to find local vacancies on the internet, then it may be worth speaking to your local volunteer centre.
How Nelsons can help
For further information on the duties and responsibilities of trustees or any related subjects, please contact a member of our expert Court of Protection team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.