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NOTICES & DIRECTIONS

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Law Soc: Professional Deputies and Donees Scheme and the Role of a Certificate Issuer

Publisher: Law Society

Effective: 01 Sep 2018

Professional Deputies and Donees Scheme

The Office of the Public Guardian ('OPG') has implemented the Professional Deputies and Donees ('PDD') Scheme from 1 September 2018.

This scheme aims to serve individuals with modest to significant assets and without any or any suitable family members to act for them.

Under the scheme, trained and certified professionals from selected professional groups who are registered with the Public Guardian can be appointed by the Court to act for individuals who have lost mental capacity. Individuals with mental capacity can choose to make a Lasting Power of Attorney to appoint a professional deputy acting as donee as part of their pre-planning for future contingencies. PDDs can be remunerated for their service.

To sign up as a PDD, please look out for the next run of the certification course which will be held in the first half of 2019.

If you know anyone who may need a PDD, you may direct them to the list of registered PDDs on OPG website.

Enquiries on the scheme can be sent to [email protected].

Role of a Certificate Issuer

Practising lawyers can be Certificate Issuers who issue the Lasting Power of Attorney Certificate. The Certificate Issuer should certify that, in his opinion, at the time of signing the Lasting Power of Attorney form,

  1. the donor understands the purpose of the instrument and the scope of the authority conferred under it;
  2. no fraud or undue pressure is being used to induce the donor to create a Lasting Power of Attorney; and

there is nothing else that will prevent a Lasting Power of Attorney from being created by the instrument.

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