A deputy is appointed by the Court to make decisions on behalf of a person who lacks mental capacity when the person has not made a Lasting Power of Attorney (LPA) and has no donee to decide on their behalf in respect of those decisions.

A deputy can be an individual or a licensed trust company under the Trust Companies Act (Cap.336), as prescribed by the Mental Capacity Regulations.

Deputies must submit annual reports to the Office of the Public Guardian (OPG) to explain the decisions and expenses they made on the person’s behalf.

Please see these resources for more information on deputyship:

• The Office of the Public Guardian (OPG)
• The Family Justice Courts (FJC)

The Professional Deputies and Donees (PDD) scheme aims to serve individuals who may not have family members or close friends to rely on to be their proxy decision makers. This scheme came into effect in September 2018.

In the case where a person has lost their mental capacity, has not appointed a donee, and others (such as next-of-kin) do not apply to appoint a deputy for the person, the Family Justice Courts can appoint a professional deputy for this person.

Professional deputies and donees:

• Are paid for their services;
• Must not be related the person they are appointed to act for;
• Must submit annual reports to the Office of the Public Guardian to explain the decisions and expenses they made on the person’s behalf;
• Must be an eligible professional from a professional group specified by the Mental Capacity Act (lawyers, doctors, accountants, allied health professionals, nurses, social workers).

For more information on the Professional Deputies and Donees scheme, visit this page by the Office of the Public Guardian.