About the Professional Deputies and Donees Scheme
The Mental Capacity (Registration of Professional Deputies) Regulations 2018 came into effect on 1 September 2018, allowing professional deputies to act for persons who lack mental capacity (known as 'P') for remuneration. Professional deputies must be unrelated to P.
The role of a professional deputy is an important one, in which the professional deputy must be prepared to make key decisions affecting P’s property & affairs and personal welfare. Professionals registered under this scheme come from selected professional groups (i.e. lawyers, doctors, accountants, allied health professionals, nurses and social workers).
How are Professional Deputies appointed?
- Professional Deputies can apply to Court to act for individuals who have lost mental capacity and include the (i) P-focused plan and (ii) Schedule of Assets as part of the application.
- Individuals with mental capacity can also choose to make a Lasting Power of Attorney (LPA), and appoint a Professional Deputy to act as a Donee. Professional Donee is required to submit the (i) P-focused plan, (ii) Donor’s latest Schedule of Assets and (iii) Medical report within 2 months after the LPA comes into force.
Professional Deputies are to submit P-focused plans as supporting documents when submitting the annual Deputy Report.
More information on the Professional Deputies Scheme
- Mental Capacity (Registration of Professional Deputies) Regulations 2018
- The Public Guardian’s Terms and Conditions for Registration as a Professional Deputy
- Code of Practice for Professional Deputies
- Notice of Absence by Professional Deputy
- Letter of Authorisation for Successor Deputy