27 September 2018
The Mental Capacity Act (“Act”) was amended in 2016 with the majority of changes coming into force in September 2016. Among the provisions that did not come into force in September 2016 were those relating to professional donees and professional deputies. These provisions recently came into effect on 1 September 2018.
Professional donees and professional deputies are paid professionals who make key decisions for those no longer able to decide for themselves. The Act is now amended to define “professional deputy” as a person who offers or provides the services of a deputy for remuneration and who is registered with the Public Guardian as a professional deputy. The Act also includes a definition of “professional donee” as being a person who is a professional deputy or is within a class of persons prescribed as qualified to be a professional donee and who offers or provides the services of a donee for remuneration. A professional donee cannot be related to the person whom he is appointed for by blood or marriage.
The Act provides for criteria for the position of professional deputies, including providing that all professional deputies must be registered with the Public Guardian.
The Act also sets out the grounds on which a lasting power of attorney or the appointment of a deputy can be revoked by the court.
Subsidiary legislation with regard to these provisions also came into effect on 1 September 2018.