No. S 105 MENTAL CAPACITY ACT 2008 (ACT 22 OF 2008) MENTAL CAPACITY REGULATIONS 2010
In exercise of the powers conferred by sections 31(3) and (4) and 46 of the Mental Capacity Act 2008, the Minister for Community Development, Youth and Sports hereby makes the following Regulations:
ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation 1. Citation and commencement 2. Definitions 3. Minimal differences from prescribed forms PART II LASTING POWERS OF ATTORNEY 4. Forms for lasting powers of attorney 5. Persons other than individuals who can be appointed property and affairs donees 6. [Deleted] 7. Persons who may provide LPA Certificate 8. Execution of instrument 9. [Deleted] 10. Application for registration 11. Period to elapse before registration in cases not involving objection or defect 12. Notice of receipt of application for registration 13. Objection to registration: notice to Public Guardian to be given by donee 14. Objection to registration: notice to Public Guardian to be given by donor 15. Objection to registration: application to court 16. Notifying applicants of non-registration of lasting power of attorney 17. Notice to be given on registration of lasting power of attorney 18. Changes to instrument registered as lasting power of attorney Regulation 19. Loss or destruction of instrument registered as lasting power of attorney 20. Disclaimer of appointment by donee of lasting power of attorney 21. Revocation by donor of lasting power of attorney 22. Revocation of lasting power of attorney on death of donor 23. Donor to inform Public Guardian of certain events 24. Donee to inform Public Guardian of certain events PART III FUNCTIONS OF PUBLIC GUARDIAN 25. Establishing and maintaining registers 26. Disclosure of information on register: search by Public Guardian 27. Application for certified copy of instrument registered under Act as lasting power of attorney by donor or donee 28. Application for certified copy of instrument registered under Act as lasting power of attorney by other persons 29. Persons required to give security for discharge of their functions 30. Enforcement following court order of endorsed security 31. Content of reports 32. Power to require final report on termination of appointment 33. Power to require information from deputies 34. Right of deputy to require review of decisions made by Public Guardian 35. Applications to court 36. Visits by Visitor at direction of Public Guardian 37. Functions in relation to persons carrying out specific transactions 38. Power to require information from donees of lasting power of attorney The Schedules
These Regulations may be cited as the Mental Capacity Regulations 2010 and shall come into operation on 1st March 2010.
“care facility” means — (a) any day centre or home for the disabled or the aged; or (b) any welfare, nursing, rehabilitation or convalescent home; [S 531/2018 wef 01/09/2018] “certified copy” means a document certified by the Public Guardian under paragraph 15 of the First Schedule to the Act as a copy of an instrument intended to create a lasting power of attorney and registered under that Schedule; [S 524/2014 wef 01/09/2014] “family member”, in relation to a person, means — (a) a spouse of the person; (b) a child of the person, including an adopted child and a step-child; (c) a father or mother of the person; (d) a father-in-law or mother-in-law of the person; (e) a brother or sister of the person; or (f) any other individual who is related by blood or marriage and who is living in the same household as the person; “LPA Certificate”, in relation to an instrument made with a view to creating a lasting power of attorney, means the certificate which is required to be included in the instrument by virtue of paragraph 2(1)(e) of the First Schedule to the Act; [Deleted by S 524/2014 wef 01/09/2014] “prescribed information”, in relation to any instrument intended to create a lasting power of attorney, means the information contained in the prescribed form used for the instrument which appears under the heading “Prescribed Information”; “Public Guardian’s website” means the Internet website of the Public Guardian at http://www.publicguardian.gov.sg; [S 524/2014 wef 01/09/2014] “Visitor” means a member of the Board of Visitors appointed under section 35 of the Act.
(a) a form to the same effect but which differs in an immaterial respect in form or mode of expression; or (b) a form to the same effect but with such variations as the circumstances may require or the court or the Public Guardian may approve. [S 524/2014 wef 01/09/2014]
For the purpose of paragraph (a) of the definition of “professional donee” in section 2(1) of the Act, licensed trust companies within the meaning of section 2 of the Trust Companies Act (Cap. 336) are prescribed persons who may be appointed as a donee of a lasting power of attorney in respect of a donor’s property and affairs. [S 531/2018 wef 01/09/2018]
(a) a legally qualified medical practitioner who is registered as specialists in psychiatry under the Medical Registration Act (Cap. 174); (b) a legally qualified medical practitioner who is accredited by the Public Guardian to issue LPA Certificates; and (c) an advocate and solicitor of the Supreme Court who has in force a practising certificate under the Legal Profession Act (Cap. 161).
(a) a family member of the donor; (b) a donee of that power; (c) a donee of any other lasting power of attorney which has been executed by the donor (whether or not it has been revoked); (d) a family member of a donee within sub‑paragraphs (b) and (c); (e) a director or an employee of a person other than an individual acting as a donee within sub‑paragraphs (b) and (c); (f) a business partner or an employee of — (i) the donor; or (ii) a donee within sub‑paragraphs (b) and (c); (g) an owner, a director, a manager or an employee of any care facility where the donor lives or is cared for when the instrument is executed; or (h) a family member of a person within sub‑paragraph (g).
(a) complete Parts 1, 2 and 3 of the instrument that apply to him (or direct another person to do so); and [S 524/2014 wef 01/09/2014] (b) sign Part 1B of the instrument in the presence of a witness, who shall be the person giving the LPA Certificate for that instrument. [S 524/2014 wef 01/09/2014]
(a) must complete Part 2 of the instrument that apply to him (or direct another person to do so); and [S 524/2014 wef 01/09/2014] (b) must sign Part 2 of the instrument in the presence of a witness. [S 524/2014 wef 01/09/2014]
(a) sign Part 1B of the instrument; and (b) give his full name and the number of the identity card issued to him under the National Registration Act (Cap. 201) if any, or the number of his passport or other official identification document. [S 524/2014 wef 01/09/2014]
(a) the donor may not witness any signature required for the power; and (b) a donee may not witness any signature required for the power.
(a) sign the instrument; and (b) give his full name and the number of the identity card issued to him under the National Registration Act (Cap. 201) if any, or the number of his passport or other official identification document. [S 524/2014 wef 01/09/2014]
(a) the date on which the Public Guardian gave the notice or notices under paragraph 6 or 7 of the First Schedule to the Act of receipt of an application for registration; or (b) if such notices were given on more than one date, the latest of those dates.
(a) is entitled to receive notice under paragraph 6 or 7(2) of the First Schedule to the Act of an application for the registration of the instrument; and [S 524/2014 wef 01/09/2014] (b) wishes to object to registration on a ground set out in paragraph 12(1) of the First Schedule to the Act, he must do so by the date specified in the notice. [S 524/2014 wef 01/09/2014]
(a) the name and address of the objector; (b) the name and address of the donor of the power; (c) if known, the name and address of the donee (or donees); and (d) the ground for making the objection.
(a) the Public Guardian is satisfied that the ground of the objection is established; but (b) by virtue of section 15(6) of the Act, the instrument is not revoked, the notice under paragraph (4) must contain a statement to that effect.
(a) the notice under paragraph (4) indicates that the Public Guardian is not satisfied that the particular ground of objection to which that notice relates is established; and (b) the date specified in the notice under paragraph (2) has not expired.
(a) is entitled to receive notice under paragraph 7 of the First Schedule to the Act of an application for the registration of the instrument; and (b) wishes to object to the registration, he must do so before the date specified in the notice.
(a) the name and address of the donor of the power; (b) if known, the name and address of the donee (or donees); and (c) the ground for making the objection.
(a) that one or more of the requirements for the creation of a lasting power of attorney have not been met; (b) that the power has been revoked, or has otherwise come to an end, on a ground other than the grounds set out in paragraph 12(1) of the First Schedule to the Act; (c) any of the grounds set out in paragraph (a) or (b) of section 17(3) of the Act.
(a) is entitled to receive notice under paragraph 6 or 7 of the First Schedule to the Act of an application for the registration of the instrument; and [S 524/2014 wef 01/09/2014] (b) wishes to object to registration on one or more of the grounds set out in paragraph (2), he must make an application to the court by the date specified in the notice.
(a) paragraph 10(1) of the First Schedule to the Act (instrument not made in accordance with Schedule); (b) paragraph 11(2) of that Schedule (deputy already appointed); (c) paragraph 12(2) of that Schedule (objection by donee on grounds of bankruptcy, disclaimer, death, etc.); [S 524/2014 wef 01/09/2014] (d) paragraph 13(2) of that Schedule (objection by donor); or (e) regulation 10(3) (application for registration not accompanied by original instrument), he must notify the person (or persons) who applied for registration of that fact.
(a) retain a copy of the instrument; and (b) return to the person (or persons) who applied for registration the original instrument which accompanied the application for registration.
(a) the original of the instrument that was sent to the Public Guardian for registration; (b) any office copy of that registered instrument; and (c) any certified copy of that registered instrument. [S 524/2014 wef 01/09/2014]
(a) attach the required note; and (b) return the document to the person from whom it was obtained.
(a) a person is required by or under the Act to deliver to the Public Guardian any of the following documents: (i) an instrument registered as a lasting power of attorney; (ii) an office copy of that registered instrument; (iii) a certified copy of that registered instrument; and [S 524/2014 wef 01/09/2014] (b) the document has been lost or destroyed.
(a) if known, the date of the loss or destruction and the circumstances in which it occurred; (b) otherwise, a statement of when he last had the document in his possession. [S 524/2014 wef 01/09/2014]
(a) the completed form to the donor; and (b) a copy of it to — (i) the Public Guardian; and (ii) any other donee who, for the time being, is appointed under the power.
(a) notify the Public Guardian that he has done so; and (b) notify the donee (or, if more than one, each of them) of the revocation.
(a) the donor; and (b) the donee, or if more than one, each of them.
A donor of a lasting power of attorney who does not lack capacity must notify the Public Guardian within 14 days of any event that revokes the lasting power of attorney or the appointment of any of the donees.
A donee of a lasting power of attorney must inform the Public Guardian within 14 days of any event that terminates his appointment or revokes his powers (in whole or in part).
(a) the register of lasting powers of attorney; [S 531/2018 wef 01/09/2018] (b) the register of court orders appointing deputies; and [S 531/2018 wef 01/09/2018] (c) the register of professional deputies, [S 531/2018 wef 01/09/2018] which the Public Guardian must establish and maintain.
(a) such descriptions of information about a registered instrument or a registered order as the Public Guardian considers appropriate; [S 531/2018 wef 01/09/2018] (b) entries which relate to an instrument or order for which registration has been cancelled; and [S 531/2018 wef 01/09/2018] (c) such information, as the Public Guardian considers appropriate, on professional deputies. [S 531/2018 wef 01/09/2018]
(a) state — (i) the register or registers to be searched; (ii) the name of the person to whom the application relates; and (iii) such other details about that person as the Public Guardian may require for the purpose of carrying out the search; and (b) be accompanied by the appropriate fee.
A person may, on application to the Public Guardian and on payment of the prescribed fee, obtain a certified copy of an instrument registered under the Act as a lasting power of attorney of which the person is the donor or a donee. [S 524/2014 wef 01/09/2014]
(a) the name of P; (b) the reasons for making the application; and (c) what steps, if any, the applicant has taken to obtain a copy of the instrument from P.
(a) the connection between P and the applicant; (b) the reasons for requesting the information (in particular, why the information cannot or should not be obtained directly from P); (c) the benefit to P, or any detriment he may suffer, if a disclosure is made; and (d) any detriment that another person may suffer if a disclosure is made or not made.
(a) specified information or information of a specified description; or (b) specified documents or documents of a specified description.
(a) deal with specified matters; and (b) are provided in a specified form.
(a) the person on whose behalf a deputy was appointed to act has died; (b) the deputy has died; (c) the court has made an order discharging the deputy; or (d) the deputy otherwise ceases to be under a duty to discharge the functions to which his appointment relates.
(a) before the end of such reasonable period as may be specified; and (b) at such place as may be specified.
(a) the Public Guardian has received representations (including complaints) about — (i) the way in which a deputy is exercising his powers; or (ii) any failure to exercise them; or (b) it appears to the Public Guardian that there are other circumstances which — (i) give rise to concerns about, or dissatisfaction with, the conduct of the deputy (including any failure to act); or (ii) otherwise constitute good reason to seek information about the deputy’s discharge of his functions.
(a) to provide specified information or information of a specified description; or (b) to produce specified documents or documents of a specified description.
(a) before the end of such reasonable period as may be specified; and (b) at such place as may be specified.
(a) state the grounds on which reconsideration is required; and (b) contain or be accompanied by any relevant information or documents.
(a) written notice of his decision on reconsideration; and (b) if he upholds the previous decision, a statement of his reasons.
The Public Guardian has the function of making applications to the court in connection with his functions under the Act in such circumstances as he considers it necessary or appropriate to do so.
(a) the Public Guardian may — (i) give such directions to the Visitor; and (ii) provide him with such information concerning the person to be visited, as the Public Guardian considers necessary for the purposes of enabling the visit to take place and the Visitor to prepare any report the Public Guardian may require; and (b) the Visitor must seek to carry out the visit and take all reasonable steps to obtain such other information as he considers necessary for the purpose of preparing a report.
(a) disclose the report to him; and (b) invite him to comment on it.
(a) receiving any reports from T which the court may require; and (b) dealing with representations (including complaints) about — (i) the way in which the transaction has been or is being carried out; or (ii) any failure to carry it out.
(a) have behaved, or may be behaving, in a way that contravenes his authority or is not in the best interests of the donor of the power; (b) be proposing to behave in a way that would contravene that authority or would not be in the donor’s best interests; or (c) have failed to comply with the requirements of an order made, or directions given, by the court.
(a) to provide specified information or information of a specified description; or (b) to produce specified documents or documents of a specified description.
(a) before the end of such reasonable period as may be specified; and (b) at such place as may be specified.
(a) any information provided to be verified in such manner; or (b) any document produced to be authenticated in such manner, as he may require.
Made this 19th day of February 2010. NIAM CHIANG MENG Permanent Secretary, Ministry of Community Development, Youth and Sports, Singapore. [MCYS 76-83-01D; AG/LEG/SL/177A/2009/3 Vol. 2]