Mental Capacity (Exemption from Registration as Professional Deputy) Order 2018

This Order is the Mental Capacity (Exemption from Registration as Professional Deputy) Order 2018 and comes into operation on 1 September 2018.

In this Order, “P” has the meaning given by section 11(1) or 20(1) of the Act.

This Order applies to a person —

who —

is an individual appointed, before 1 September 2018, by P as P’s donee under a lasting power of attorney; (ii)is an individual appointed, on or after 1 September 2018, by P as P’s donee under a lasting power of attorney, where the instrument creating that lasting power of attorney was immediately before that date the subject of a pending application for registration under the Mental Capacity Regulations 2010 (G.N. No. S 105/2010); or

(whether or not an individual) is appointed, before 1 September 2018, by the court as a deputy to make decisions on P’s behalf under section 20(2) of the Act as in force immediately before that date; and

who provides the services of a donee or deputy (as the case may be) for remuneration —

because of any direction of the court given before 1 September 2018 under section 18(3)(c) or 24(8)(b) of the Act (as the case may be) as in force immediately before that date; or

where the person is a donee, under the terms of any arrangement made before 1 September 2018 between the donee and P.

A person mentioned in paragraph 3 is exempt from the requirement to register as a professional deputy under section 25A(1) of the Act, in respect of his or her discharge of any functions of a donee or deputy in relation to any P mentioned in paragraph 3.