THE STATUTES OF THE REPUBLIC OF SINGAPORE MENTAL CAPACITY ACT (CHAPTER 177A)
(Original Enactment: Act 22 of 2008) REVISED EDITION 2010 (31st March 2010) Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275)
An Act to make new provision relating to persons who lack capacity and to provide for matters connected therewith. [1st March 2010]
ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II PERSONS WHO LACK CAPACITY 3. The principles 4. Persons who lack capacity 5. Inability to make decisions 6. Best interests PART III ACTS IN CONNECTION WITH CARE OR TREATMENT 7. Acts in connection with care or treatment 8. Section 7 acts: limitations 9. Payment for necessary goods and services 10. Expenditure PART IV LASTING POWERS OF ATTORNEY 11. Lasting powers of attorney 12. Appointment of donees 13. Lasting powers of attorney: restrictions 14. Scope of lasting powers of attorney: gifts 15. Revocation of lasting powers of attorney, etc. 16. Protection of donees and others if lasting power of attorney not validly created, revoked or suspended, etc. 17. Powers of court in relation to validity of lasting powers of attorney Section 18. Powers of court in relation to operation of lasting powers of attorney PART V GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES 19. Power to make declarations 20. Powers to make decisions and appoint deputies: general 21. Powers to make decisions and appoint deputies: minors 22. Section 20 powers: personal welfare 23. Section 20 powers: property and affairs 24. Appointment of deputies 25. Restrictions on deputies 25A. Professional deputies PART VI EXCLUDED DECISIONS AND DECLARATORY PROVISIONS 26. Excluded decisions 27. Mental Health (Care and Treatment) Act matters 28. Voting rights 29. Scope of Act PART VII PUBLIC GUARDIAN AND BOARD OF VISITORS 30. Public Guardian 31. Functions of Public Guardian 32. Powers of investigation by Public Guardian 33. Appointment of auditors 34. Protection from personal liability 35. Board of Visitors PART VIII SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT 36. Interim orders and directions 36A. Orders of suspension 37. Power to call for reports 38. Applications to court 39. Family Justice Rules Section 40. Costs PART IX MISCELLANEOUS 41. Codes of practice 42. Ill-treatment 43. Information relating to persons who lack capacity 43A. Notification of change of address 43B. General exemption 44. Jurisdiction of District Court 45. Amendment of Schedules 46. Regulations 47. Savings and transitional provisions First Schedule — Lasting powers of attorney: formalities Second Schedule — Property and affairs: supplementary provisions Third Schedule — Savings and transitional provisions
This Act may be cited as the Mental Capacity Act.
“appropriate consent” has the same meaning as in the Human Biomedical Research Act 2015; [Act 29 of 2015 wef 01/11/2017] “clinical trial” means a clinical trial within the meaning of the Medicines Act (Cap. 176) or the Health Products Act (Cap. 122D); “court” means the High Court or a Family Court; [Act 27 of 2014 wef 01/10/2014] “deputy” has the meaning given to it in section 20(2)(b); “donee” has the meaning given to it in section 11(1); “lasting power of attorney” has the meaning given to it in section 11; “life-sustaining treatment”, in relation to a person, means treatment which, in the view of another person providing health care for that person, is necessary to sustain life; “professional deputy” means a person — (a) who offers or provides the services of a deputy for remuneration; and (b) who is registered with the Public Guardian as a professional deputy; [Act 10 of 2016 wef 01/09/2018] “professional donee” means a person — (a) who is a professional deputy or is within a class of persons prescribed as qualified to be a professional donee; and (b) who offers or provides the services of a donee for remuneration; [Act 10 of 2016 wef 01/09/2018] “property” includes any thing in action and any interest in real or personal property; “Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A); [Act 10 of 2016 wef 30/06/2016] “registered medical practitioner” means any person who is registered as a medical practitioner under the Medical Registration Act (Cap. 174); “treatment” includes a diagnostic or other procedure; “will” includes codicil.
(a) a person’s age or appearance; or (b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity.
(a) in relation to a person who lacks capacity; or (b) where D reasonably thinks that a person lacks capacity, is exercisable in relation to a person below 21 years of age. [UK MCA 2005, s. 2]
(a) to understand the information relevant to the decision; (b) to retain that information; (c) to use or weigh that information as part of the process of making the decision; or (d) to communicate his decision (whether by talking, using sign language or any other means).
(a) deciding one way or another; or (b) failing to make the decision. [UK MCA 2005, s. 3]
(a) the person’s age or appearance; or (b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about what might be in his best interests.
(a) whether it is likely that the person will at some time have capacity in relation to the matter in question; and (b) if it appears likely that he will, when that is likely to be.
(a) appropriate consent of the person concerned under the Human Biomedical Research Act 2015, the person must take into account such matters, considerations and procedures as may be prescribed under Part 3 of that Act; or (b) consent of the person concerned under any written law relating to a clinical trial, the person must take into account such matters, considerations and procedures as may be prescribed in such written law. [Act 29 of 2015 wef 01/11/2017]
(a) the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by him when he had capacity); (b) the beliefs and values that would be likely to influence his decision if he had capacity; and (c) the other factors that he would be likely to consider if he were able to do so.
(a) anyone named by the person as someone to be consulted on the matter in question or on matters of that kind; (b) anyone engaged in caring for the person or interested in his welfare; (c) any donee of a lasting power of attorney granted by the person; and (d) any deputy appointed for the person by the court, as to what would be in the person’s best interests and, in particular, as to the matters mentioned in subsection (7).
(a) are exercisable under a lasting power of attorney; or (b) are exercisable by a person under this Act where he reasonably believes that another person lacks capacity.
(a) of which the person making the determination is aware; and (b) which it would be reasonable to regard as relevant. [UK MCA 2005, s. 4]
(a) before doing the act, D takes reasonable steps to establish whether P lacks capacity in relation to the matter in question; and (b) when doing the act, D reasonably believes — (i) that P lacks capacity in relation to the matter; and (ii) that it will be in P’s best interests for the act to be done.
(a) had had capacity to consent in relation to the matter; and (b) had consented to D’s doing the act.
(a) excludes a person’s civil liability for loss or damage, or his criminal liability, resulting from his negligence in doing the act; (b) affects the operation of the Advance Medical Directive Act (Cap. 4A); [Act 29 of 2015 wef 01/11/2017] (c) applies to the conduct of a clinical trial; or [Act 29 of 2015 wef 01/11/2017] (d) applies to the conduct of human biomedical research within the meaning of the Human Biomedical Research Act 2015 or the removal or use of human tissue under that Act. [Act 29 of 2015 wef 01/11/2017] [UK MCA 2005, s. 5]
(a) the likelihood of P’s suffering harm; and (b) the seriousness of that harm.
(a) uses, or threatens to use, force to secure the doing of an act which P resists; or (b) restricts P’s liberty of movement, whether or not P resists.
(a) a donee of a lasting power of attorney granted by P; or (b) a deputy appointed for P by the court. [UK MCA 2005, s. 6]
(a) to reimburse himself out of money in P’s actual possession; or (b) to be otherwise indemnified by P.
(a) has lawful control of P’s money or other property; and (b) has power to spend money for P’s benefit. [UK MCA 2005, s. 8]
(a) P’s personal welfare or specified matters concerning P’s personal welfare; (b) P’s property and affairs or specified matters concerning P’s property and affairs, when P no longer has capacity to make such decisions.
(a) section 12 is complied with; (b) an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with the First Schedule; and (c) at the time when P executes the instrument, P has attained the age of 21 years and has capacity to execute it.
(a) purports to create a lasting power of attorney; but (b) does not comply with this section, section 12 or the First Schedule, confers no authority.
(a) the provisions of this Act and, in particular, sections 3 (the principles) and 6 (best interests); and (b) any conditions or restrictions specified in the instrument. [UK MCA 2005, s. 9]
(a) where the power relates only to P’s property and affairs — (i) an individual who has attained the age of 21 years and provides to P the services of a donee without remuneration; (ii) an individual who is a professional donee and is not related to P by blood or marriage; or (iii) a professional donee who is not an individual; and (b) in any other case — (i) an individual who has attained the age of 21 years and provides to P the services of a donee without remuneration; or (ii) an individual who is a professional donee and is not related to P by blood or marriage. [Act 10 of 2016 wef 01/09/2018]
(a) jointly; (b) jointly and severally; or (c) jointly in respect of some matters and jointly and severally in respect of others.
(a) prevents the appointment taking effect in his case; but (b) does not prevent a lasting power of attorney from being created in the case of the other or others.
(a) cannot give the donee (or, if more than one, any of them) power to appoint a substitute or successor; but (b) may itself appoint a person (called in subsection (9) the replacement donee) to replace the donee (or, if more than one, any of them) on the occurrence of an event mentioned in section 15(5)(a) to (d) which has the effect of terminating the donee’s appointment. [Act 10 of 2016 wef 30/06/2016] [UK MCA 2005, s. 10]
(a) the likelihood of P’s suffering harm; and (b) the seriousness of that harm.
(a) uses, or threatens to use, force to secure the doing of an act which P resists; or (b) restricts P’s liberty of movement, whether or not P resists, or if he authorises another person to do any of those things.
(a) life-sustaining treatment on P, whether or not amounting to extraordinary life-sustaining treatment within the meaning of section 2 of the Advance Medical Directive Act (Cap. 4A); or (b) any other treatment on P which a person providing health care reasonably believes is necessary to prevent a serious deterioration in P’s condition.
(a) make, on P’s behalf, any nomination under section 49L(2) or 49M(2) of the Insurance Act (Cap. 142); (b) where any nomination under section 49L(2) or 49M(2) of the Insurance Act has been made by P or by the court on P’s behalf, revoke, on P’s behalf, that nomination under section 49L(7) or 49M(4), as the case may be, of that Act; or (c) execute a will for P. [3/2009]
(a) execute under section 15(6A) or 25(1) of the Central Provident Fund Act (Cap. 36), on P’s behalf, any memorandum under section 25(1) of that Act; or (b) where any such memorandum has been executed, or any nomination has been made under section 25(1) of that Act, by P or by the court on P’s behalf, revoke, on P’s behalf, that memorandum or nomination, as the case may be. [18/2009]
(a) may make a gift or gifts of such value which are not unreasonable having regard to all the circumstances and, in particular, the size of the donor’s estate; and (b) must have regard to the principle in section 6(6).
(a) P has executed an instrument with a view to creating a lasting power of attorney; or (b) a lasting power of attorney is registered as having been conferred by P, and in this section, references to revoking the power include revoking the instrument.
(a) terminates his appointment; and (b) except in the cases given in subsection (6), revokes the power.
(a) the disclaimer of the appointment by the donee in accordance with such requirements as may be prescribed for the purposes of this section in regulations made under this Act; (b) subject to subsection (7), the death or bankruptcy of the donee or, if the donee is a person other than an individual, its liquidation, winding-up, dissolution or being under judicial management; (c) subject to subsection (8), the dissolution or annulment of a marriage between the donor and the donee; (d) the lack of capacity of the donee.
(a) the donee is replaced under the terms of the instrument; (b) he is one of 2 or more persons appointed to act as donees jointly and severally in respect of any matter and, after the event, there is at least one remaining donee.
(a) an instrument purporting to create a lasting power of attorney has been registered under the First Schedule, but a lasting power of attorney was not validly created, whether or not the registration is cancelled at the time of the act or transaction in question; or (b) a lasting power of attorney, or a power under a lasting power of attorney, is revoked or suspended.
(a) the dealing or transaction was completed within 12 months after the date on which the instrument intending to create a lasting power of attorney was registered; or (b) the third party makes a statutory declaration, before, on or within 3 months after, the completion of the purchase by the purchaser, that the third party had no reason at the time of the dealing or transaction with the donee to doubt the donee’s authority to deal or transact.
(a) which prevents the lasting power of attorney from being created; or (b) which has the effect of revoking or suspending the lasting power of attorney or the power under the lasting power of attorney.
(a) a person (“P”) has executed or purported to execute an instrument with a view to creating a lasting power of attorney; or (b) an instrument has been registered as a lasting power of attorney conferred by P.
(a) whether one or more of the requirements for the creation of a lasting power of attorney have been met; (b) whether the power has been revoked or has otherwise come to an end.
(a) that fraud or undue pressure was used to induce P — (i) to execute an instrument for the purpose of creating a lasting power of attorney; or (ii) to create a lasting power of attorney; [Act 10 of 2016 wef 01/09/2018] (b) that the donee (or any of the donees, if more than one) of a lasting power of attorney — (i) is convicted, on or after the date of commencement of section 5 of the Mental Capacity (Amendment) Act 2016 (but not before the donee’s appointment under the lasting power of attorney), of an offence (whenever committed) of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty, whether as against P or another person; (ii) engages or has engaged in conduct that contravenes the donee’s authority, or that is not in P’s best interests (whether or not the donee is acting under a lasting power of attorney); or (iii) proposes to engage in conduct that would contravene the donee’s authority, or that would not be in P’s best interests (whether or not the donee is acting under a lasting power of attorney); or [Act 10 of 2016 wef 01/09/2018] (c) where the donee (or any of the donees, if more than one) of a lasting power of attorney is a professional donee, that — (i) the registration of the donee as a professional deputy is cancelled or the donee is no longer within a class of persons prescribed as qualified to be a professional donee; and (ii) P lacks capacity. [Act 10 of 2016 wef 01/09/2018]
(a) direct that an instrument purporting to create the lasting power of attorney is not to be registered; [Act 10 of 2016 wef 01/09/2018] (b) if P lacks capacity to do so, revoke the instrument or the lasting power of attorney; or [Act 10 of 2016 wef 01/09/2018] (c) in a case referred to in subsection (3)(c), revoke the instrument or the lasting power of attorney so far as it relates to the donee whose registration as a professional deputy is cancelled or who is no longer within a class of persons prescribed as qualified to be a professional donee. [Act 10 of 2016 wef 01/09/2018]
(a) give directions with respect to decisions — (i) which the donee of a lasting power of attorney has authority to make; and (ii) which P lacks capacity to make; (b) give any consent or authorisation to act which the donee would have to obtain from P if P had capacity to give it.
(a) give directions to the donee with respect to the rendering by him of reports or accounts and the production of records kept by him for that purpose; (b) require the donee to supply information or produce documents or things in his possession as donee; (c) give directions with respect to the remuneration or expenses of the donee; (d) relieve the donee wholly or partly from any liability which he has or may have incurred on account of a breach of his duties as donee.
(a) whether a person has or lacks capacity to make a decision specified in the declaration; (b) whether a person has or lacks capacity to make decisions on such matters as are described in the declaration; (c) the lawfulness or otherwise of any act done, or yet to be done, in relation to that person.
(a) P’s personal welfare; or (b) P’s property and affairs.
(a) by making an order, make the decision or decisions on P’s behalf in relation to the matter or matters; or (b) appoint a person (a “deputy”) to make decisions on P’s behalf in relation to the matter or matters.
(a) a decision by the court is to be preferred to the appointment of a deputy to make a decision; and (b) the powers conferred on a deputy should be as limited in scope and duration as is reasonably practicable in the circumstances.
(a) the deputy is convicted, on or after the date of commencement of section 6 of the Mental Capacity (Amendment) Act 2016 (but not before the deputy’s appointment by the court), of an offence (whenever committed) of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty, whether as against P or another person; [Act 10 of 2016 wef 01/09/2018] (b) the deputy engages or has engaged in conduct that contravenes the deputy’s authority conferred by the court, or that is not in P’s best interests (whether or not the deputy is acting under a court order); [Act 10 of 2016 wef 01/09/2018] (c) the deputy proposes to engage in conduct that would contravene the deputy’s authority conferred by the court, or that would not be in P’s best interests (whether or not the deputy is acting under a court order); or [Act 10 of 2016 wef 01/09/2018] (d) where the deputy is a professional deputy, the registration of the deputy as a professional deputy is cancelled. [Act 10 of 2016 wef 01/09/2018] [UK MCA 2005, s. 16]
(a) deciding where P is to live; (b) deciding what contact, if any, P is to have with any specified person; (c) making an order prohibiting a named person from having contact with P; (d) subject to subsection (3), giving or refusing consent to the carrying out or continuation of a treatment (including the conduct of a clinical trial) by a person providing health care for P; (da) giving, refusing or revoking of appropriate consent involving P under the Human Biomedical Research Act 2015; and [Act 29 of 2015 wef 01/11/2017] (e) giving a direction that a person responsible for P’s health care allow a different person to take over that responsibility.
(a) subject to section 25 (restrictions on deputies); and (b) without prejudice to any other order or decision which may be made by the court or deputy under any other written law.
(a) the control and management of P’s property; (b) the sale, exchange, charging, gift or other disposition of P’s property; (c) the acquisition of property in P’s name or on P’s behalf; (d) the carrying on, on P’s behalf, of any profession, trade or business; (e) the taking of a decision which will have the effect of dissolving a partnership of which P is a member; (f) the carrying out of any contract entered into by P; (g) the discharge of P’s debts and of any of P’s obligations, whether legally enforceable or not; (h) the settlement of any of P’s property by way of trust, whether for P’s benefit or for the benefit of others; (ha) the making, on P’s behalf, of any nomination under section 49L(2) or 49M(2) of the Insurance Act (Cap. 142); (hb) where any nomination under section 49L(2) or 49M(2) of the Insurance Act has been made by P or on P’s behalf, the revoking, on P’s behalf, of that nomination under section 49L(7) or 49M(4), as the case may be, of that Act; (i) the execution for P of a will; (ia) the executing under section 15(6A) or 25(1) of the Central Provident Fund Act (Cap. 36), on P’s behalf, of any memorandum under section 25(1) of that Act; (ib) where any such memorandum has been executed, or any nomination has been made under section 25(1) of that Act, by P or by the court on P’s behalf, the revoking, on P’s behalf, of that memorandum or nomination, as the case may be; (j) the maintenance, education, benefit and advancement of P’s spouse, P’s parent, a child of P below 21 years of age or an intellectually disabled child of P; (k) the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee under a trust; (l) the conduct of legal proceedings in P’s name or on P’s behalf. [3/2009; 18/2009]
(a) where the appointment confers powers relating only to P’s property and affairs — (i) an individual who has attained the age of 21 years and provides to P the services of a deputy without remuneration; (ii) an individual who is a professional deputy and is not related to P by blood or marriage; or (iii) a professional deputy who is not an individual; and (b) in any other case — (i) an individual who has attained the age of 21 years and provides to P the services of a deputy without remuneration; or (ii) an individual who is a professional deputy and is not related to P by blood or marriage. [Act 10 of 2016 wef 01/09/2018]
(a) jointly; (b) jointly and severally; or (c) jointly in respect of some matters and jointly and severally in respect of others.
(a) in such circumstances, or on the happening of such events, as may be specified by the court; and (b) for such period as may be specified by the court.
(a) to be reimbursed out of P’s property for the deputy’s reasonable expenses in discharging the deputy’s functions; and (b) to such remuneration, as the court determines, out of P’s property for discharging the deputy’s functions. [Act 10 of 2016 wef 01/09/2018]
(a) take possession or control of all or any specified part of P’s property; (b) exercise all or any specified powers in respect of it, including such powers of investment as the court may determine.
(a) to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions; and (b) to submit to the Public Guardian such reports at such times or at such intervals as the court may direct. [UK MCA 2005, s. 19]
(a) to prohibit a named person from having contact with P; or (b) to direct a person responsible for P’s health care to allow a different person to take over that responsibility.
(a) disposition of P’s property by making gifts; (aa) making, on P’s behalf, of any nomination under section 49L(2) or 49M(2) of the Insurance Act (Cap. 142); (ab) where any nomination under section 49L(2) or 49M(2) of the Insurance Act has been made by P or by the court on P’s behalf, revoking, on P’s behalf, of that nomination under section 49L(7) or 49M(4), as the case may be, of that Act; (b) execution for P of a will; (ba) executing under section 15(6A) or 25(1) of the Central Provident Fund Act (Cap. 36), on P’s behalf, of any memorandum under section 25(1) of that Act; (bb) where any such memorandum has been executed, or any nomination has been made under section 25(1) of that Act, by P or by the court on P’s behalf, revoking, on P’s behalf, of that memorandum or nomination, as the case may be; or (c) carrying out or continuation of — (i) life-sustaining treatment on P, whether or not amounting to extraordinary life-sustaining treatment within the meaning of section 2 of the Advance Medical Directive Act (Cap. 4A); or (ii) any other treatment on P which a person providing health care reasonably believes is necessary to prevent a serious deterioration in P’s condition. [3/2009; 18/2009]
(a) the likelihood of P’s suffering harm; or (b) the seriousness of that harm.
(a) uses, or threatens to use, force to secure the doing of an act which P resists; or (b) restricts P’s liberty of movement, whether or not P resists, or if he authorises another person to do any of those things. [UK MCA 2005, s. 20]
(a) where the person has been appointed as a donee in any lasting power of attorney, the donor of the lasting power of attorney; (b) the prescribed person or persons, if any. [Act 10 of 2016 wef 01/09/2018]
(a) consenting to marriage; (b) consenting to touching of a sexual nature; (c) consenting to a decree of divorce being granted on the basis of 3 years’ separation; (d) consenting to the making of an adoption order under the Adoption of Children Act (Cap. 4); (e) adopting or renouncing a religion; (f) receiving treatment for change of gender; (g) consenting or revoking consent to treatment for sexual sterilization within the meaning of the Voluntary Sterilization Act (Cap. 347); (h) consenting or revoking consent to treatment to terminate pregnancy; (i) registering or withdrawing an objection under section 9 of the Human Organ Transplant Act (Cap. 131A) in respect of removal of an organ from the person upon his death; (j) making or revoking an advance medical directive under section 3 or 7 of the Advance Medical Directive Act (Cap. 4A); (k) making or revoking a gift of a body or any part thereof under section 3 or 9 of the Medical (Therapy, Education and Research) Act (Cap. 175); (l) such other matter as may be prescribed. [18/2009] [UK MCA 2005, s. 27]
(a) to give a patient medical treatment for mental disorder; or (b) to consent to a patient’s being given medical treatment for mental disorder, if, at the time when it is proposed to treat the patient, his treatment is regulated by the Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008).
Nothing in this Act permits a decision on voting at an election for any public office, or at a national referendum, to be made on behalf of a person. [UK MCA 2005, s. 29]
(a) the Human Biomedical Research Act 2015; or (b) any written law relating to a clinical trial. [Act 29 of 2015 wef 01/11/2017]
(a) establishing and maintaining a register of lasting powers of attorney; (b) establishing and maintaining a register of orders appointing deputies; (ba) establishing and maintaining a register of professional deputies; [Act 10 of 2016 wef 01/09/2018] (c) supervising deputies appointed by the court; (d) directing a member of the Board of Visitors to visit — (i) a donee of a lasting power of attorney; (ii) a deputy appointed by the court; or (iii) the person granting the lasting power of attorney or for whom the deputy is appointed (“P”), and to make a report to the Public Guardian on such matters as he may direct; (e) receiving security which the court requires a person to give for the discharge of his functions; (f) receiving reports from donees of lasting powers of attorney and deputies appointed by the court; (g) reporting to the court on such matters relating to proceedings under this Act as the court requires; (h) dealing with representations (including complaints) about the way in which a donee of a lasting power of attorney or a deputy appointed by the court is exercising his powers; (i) dealing with representations (including complaints) about any act purportedly carried out under section 10; (j) investigating any contravention or alleged contravention of any provision of this Act; (k) publishing, in any manner the Public Guardian thinks appropriate, any information he thinks appropriate about the discharge of his functions.
(a) conferring on the Public Guardian other functions in connection with this Act; (b) in connection with the discharge by the Public Guardian of his functions.
(a) the giving of security by deputies appointed by the court and the enforcement and discharge of security so given; (b) the fees which may be charged by the Public Guardian; (c) the way in which, and funds from which, such fees are to be paid; (d) exemptions from and reductions in such fees; (e) remission of such fees in whole or in part; (f) the making of reports to the Public Guardian by deputies appointed by the court and others who are directed by the court to carry out any transaction for a person who lacks capacity. [UK MCA 2005, s. 58]
(a) require any person who has any information which relates or is reasonably believed to relate to a person who lacks capacity to furnish the Public Guardian with such information; (b) require any person who has in his custody or under his control any document which relates or is reasonably believed to relate to a person who lacks capacity — (i) to furnish the Public Guardian with a copy of or an extract from the document; or (ii) unless the document forms part of the records or other documents of a public authority or any court of competent jurisdiction, to furnish the Public Guardian with the document itself for his inspection; or (c) require any person referred to in paragraph (a) or (b) to attend at a specified time and place to furnish such information orally or in writing, or such documents or copies or extracts thereof, as the case may be.
(a) the inspection, copying thereof or extraction therefrom cannot reasonably be performed without taking possession; (b) the book, paper or electronic computing or storage device may be interfered with or destroyed unless possession thereof is taken; or (c) the book, paper or electronic computing or storage device may be required as evidence in proceedings for an offence under this Act.
(a) knowingly or recklessly furnishes to the Public Guardian or an authorised officer any information or document which is false or misleading in a material particular; or (b) wilfully alters, suppresses, conceals or destroys any document or any part of such document which he is or may be required to furnish under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(a) compel a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him in that capacity; or (b) authorise the taking of any such document or other material which is in his possession.
(a) connected with the discharge of the functions of the Public Guardian; and (b) of enabling or assisting that other public officer to discharge any of his functions.
(a) any report of a donee of a lasting power of attorney or of a deputy appointed by the court; and (b) any book, document, electronic computing or storage device or information obtained or received by the Public Guardian in the discharge or exercise of the Public Guardian’s functions or powers under this Act.
(a) the Public Guardian, any Assistant Public Guardian, any authorised officer or any person acting under the direction of the Public Guardian or an Assistant Public Guardian; (b) any member of the Board of Visitors; (c) any auditor appointed under section 33. [Act 10 of 2016 wef 30/06/2016]
(a) Special Visitors; and (b) General Visitors.
(a) is a registered medical practitioner or appears to the Minister to have other suitable qualifications or training; and (b) appears to the Minister to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain.
(a) may be appointed for such term and subject to such conditions; and (b) may be paid such remuneration and allowances, as the Minister may determine.
(a) any health record; and (b) any record held by any person and compiled in connection with a social services function, so far as the record relates to P.
(a) there is reason to believe that P lacks capacity in relation to the matter; (b) the matter is one to which its powers under this Act extend; and (c) it is in P’s best interests to make the order, or give the directions, without delay. [UK MCA 2005, s. 48]
(a) the Public Guardian; (b) a person mentioned in section 38(1)(a), (b) or (c); (c) any other person, but only with the permission of the court.
(a) P lacks capacity; (b) the donee or deputy — (i) is charged on or after the date of commencement of section 13 of the Mental Capacity (Amendment) Act 2016 (but not before the donee’s or deputy’s appointment under the lasting power of attorney or by the court, as the case may be) with an offence (whenever committed) of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty, whether as against P or another person; or (ii) engages, proposes to engage or has engaged (whether before, on or after the date of commencement of section 13 of the Mental Capacity (Amendment) Act 2016) in conduct that — (A) affects the suitability of the donee or deputy concerned to act as a donee or deputy; or (B) compromises P’s best interests in relation to P’s personal welfare or P’s property and affairs, whether or not the donee or deputy concerned is acting under a lasting power of attorney or court order, as the case may be; and (c) there is a risk of dissipation of P’s property by the donee or deputy concerned if the order of suspension is not made.
(a) before lacking capacity, has conferred a lasting power of attorney on one or more donees; or (b) in respect of whom the court has appointed one or more deputies.
(a) where 2 or more donees are appointed under a lasting power of attorney, a reference to the donee is a reference to all or any of the donees; and (b) where 2 or more deputies are appointed by the court for P, a reference to the deputy is a reference to all or any of the deputies. [Act 10 of 2016 wef 30/06/2016]
(a) any health record; and (b) any record held by any person and compiled in connection with a social services function, so far as the record relates to P.
(a) by a person who lacks, or is alleged to lack, capacity and, if such a person has not attained the age of 21 years, by anyone with parental rights with respect to him; (b) by the donor or a donee of a lasting power of attorney to which the application relates; (c) by a deputy appointed by the court for a person to whom the application relates; (d) by a person named in an existing order of the court, if the application relates to the order; or (e) by the Public Guardian where it appears to him that — (i) a person lacks capacity; (ii) no application has been made or is likely to be made for an order under this Act; and (iii) an order under this Act is necessary for the protection of the personal welfare, property or affairs of the person.
(a) the applicant’s connection with the person to whom the application relates; (b) the reasons for the application; (c) the benefit to the person to whom the application relates of the proposed order or directions; and (d) whether the benefit can be achieved in any other way. [UK MCA 2005, s. 50]
(a) to regulate and prescribe the procedure and practice to be followed in respect of proceedings under this Act; and (b) to provide for costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings. [Act 27 of 2014 wef 01/01/2015]
(a) as to the manner and form in which proceedings are to be commenced; (b) as to the persons entitled to be notified of, and be made parties to, the proceedings; (c) for enabling the court to appoint a suitable person to act in the name of, or on behalf of, or to represent the person to whom the proceedings relate; (d) for enabling an application to the court to be disposed of without a hearing; (e) for enabling the court to proceed with, or with any part of, a hearing in the absence of the person to whom the proceedings relate; (f) for enabling or requiring the proceedings or any part of them to be conducted in private and for enabling the court to determine who is to be admitted when the court sits in private and to exclude specified persons when it sits in public; (g) as to what may be received as evidence (whether or not admissible apart from the Family Justice Rules) and the manner in which it is to be presented; [Act 27 of 2014 wef 01/01/2015] (h) for the enforcement of orders made and directions given in the proceedings; (i) for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives; (j) as to the way in which, and funds from which, fees and costs are to be paid; (k) for charging fees and costs upon the estate of the person to whom the proceedings relate, provided that such charge shall not cause any interest of the person in any property to fail or determine or to be prevented from recommencing; (l) for the payment of fees and costs within a specified time of the death of the person to whom the proceedings relate or the conclusion of the proceedings. [Act 27 of 2014 wef 01/01/2015]
(a) disallow; or (b) order the legal or other representatives concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with the Family Justice Rules. [Act 27 of 2014 wef 01/01/2015]
“legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf; “wasted costs” means any costs incurred by a party — (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay. [UK MCA 2005, s. 55]
(a) for the guidance of persons assessing whether a person has capacity in relation to any matter; (b) for the guidance of persons acting in connection with the care or treatment of another person; (c) for the guidance of donees of lasting powers of attorney; (d) for the guidance of deputies appointed by the court; and (e) with respect to such other matters concerned with this Act as he thinks fit.
(a) as the donee of a lasting power of attorney; (b) as a deputy appointed by the court; (c) in a professional capacity; or (d) for remuneration.
(a) a provision of a code of practice; or (b) a failure to comply with a code of practice, is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.
(a) has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity; (b) is the donee of a lasting power of attorney created by P; or (c) is a deputy appointed by the court for P, and P is 16 years of age or above.
(a) subjects P to physical or sexual abuse; (b) wilfully or unreasonably does, or causes P to do, any act which endangers or is likely to endanger the safety of P or which causes or is likely to cause P — (i) any unnecessary physical pain, suffering or injury; (ii) any emotional injury; or (iii) any injury to his health or development; or (c) wilfully or unreasonably neglects, abandons or exposes P with full intention of abandoning P or in circumstances that are likely to endanger the safety of P or to cause P — (i) any unnecessary physical pain, suffering or injury; (ii) any emotional injury; or (iii) any injury to his health or development.
(a) that any actual suffering or injury on the part of P or the likelihood of any suffering or injury on the part of P was obviated by the action of another person; or (b) the death of P.
(a) in the case where death is caused to P, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both; and (b) in any other case, to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 4 years or to both.
(a) if such bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or (b) if such bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both.
(a) shall not, by virtue of doing so, be held in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and (b) insofar as he has acted in good faith, shall incur no civil or criminal liability in respect of the notification or the provision of any information contained in the notification.
(a) to disclose the identity of any person who has made a notification under subsection (1), or any information likely to lead to the disclosure of the identity of such a person; or (b) to produce any report or document which identifies, or is likely to identify, any person who has made a notification under subsection (1).
(a) where the donor, donee or deputy is an individual, the place of residence of the donor, donee or deputy, as the case may be; and (b) where the donee or deputy is a person other than an individual, the registered business address of the donee or deputy, as the case may be.
The Minister may, by order published in the Gazette, exempt any person or class of persons from all or any provisions of this Act or the regulations, either generally or in a particular case and subject to such conditions as the Minister may impose. [Act 10 of 2016 wef 30/06/2016]
Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
The Minister may, by order published in the Gazette, amend, add to or vary the First, Second or Third Schedule.
(a) prescribe different classes of professional donees, and provide for matters relating to professional donees; and (b) provide for matters relating to professional deputies, including but not limited to their duties, the registration of professional deputies by the Public Guardian, applications for registration, exemptions from one or more criteria for registration and cancellation of registration. [Act 10 of 2016 wef 01/09/2018]
The provisions of the Third Schedule shall have effect with respect to transitional matters arising from the repeal of Part I of the Mental Disorders and Treatment Act (Cap. 178).
Sections 11(2) and (3), 12(6) and (7), 16(1) and 45
(a) it is in the prescribed form; (b) it complies with paragraph 2; and (c) any prescribed requirements in connection with its execution are satisfied.
(a) the instrument relates to personal welfare or to property and affairs (or to both); (b) only one or more than one donee is to be appointed (and if more than one, whether jointly or jointly and severally).
(a) the prescribed information about the purpose of the instrument and the effect of a lasting power of attorney; (b) a statement by the donor to the effect that he — (i) has read the prescribed information or a prescribed part of it (or has had it read to him); and (ii) intends the authority conferred under the instrument to mean authority to make decisions on his behalf in circumstances where he no longer has capacity; (c) [Deleted by S 526/2014 wef 01/09/2014] (d) a statement by the donee (or, if more than one, each of them) to the effect that he — (i) has read the prescribed information or a prescribed part of it (or has had it read to him); and (ii) understands the duties imposed on a donee of a lasting power of attorney under sections 3 (the principles) and 6 (best interests); and (e) a certificate by a person of a prescribed description that, in his opinion, at the time when the donor executes the instrument — (i) the donor understands the purpose of the instrument and the scope of the authority conferred under it; (ii) no fraud or undue pressure is being used to induce the donor to create a lasting power of attorney; and (iii) there is nothing else which would prevent a lasting power of attorney from being created by the instrument.
(a) be made in the prescribed form; and (b) include any prescribed information.
(a) be made in the prescribed form; and (b) include any prescribed information.
(a) by the donor; (b) by the donee or donees; or (c) if the instrument appoints 2 or more donees to act jointly and severally in respect of any matter, by any of the donees.
(a) the instrument; and (b) such fee as may be prescribed.
As soon as is practicable after receiving an application by the donor under paragraph 4(2)(a) and determining that the application is in order, the Public Guardian must notify the donee (or donees) that the application has been received. [S 526/2014 wef 01/09/2014]
(a) the donor; and (b) the donee or donees who did not join in making the application, that the application has been received. [S 526/2014 wef 01/09/2014]
A notice under paragraph 6 or 7 must include such information, if any, as may be prescribed. [S 526/2014 wef 01/09/2014]
(a) would be ineffective as part of a lasting power of attorney; or (b) would prevent the instrument from operating as a valid lasting power of attorney. [Act 10 of 2016 wef 01/09/2016]
(a) notify the Public Guardian that it has severed the provision; or (b) direct him not to register the instrument.
(a) there is a deputy appointed by the court for the donor; and (b) the powers conferred on the deputy would, if the instrument were registered, to any extent conflict with the powers conferred on the attorney.
(a) receives a notice under paragraph 6 or 7(2)(b) of an application for the registration of an instrument; and [S 526/2014 wef 01/09/2014] (b) before the end of the prescribed period, gives notice to the Public Guardian of an objection to the registration on the ground that an event mentioned in section 15(3) or (5)(a) to (d) has occurred which has revoked the instrument. [S 526/2014 wef 01/09/2014]
(a) is satisfied that the ground is not established; and (b) directs the Public Guardian to register the instrument.
(a) receives a notice under paragraph 6 or 7(2)(b) of an application for the registration of an instrument; and [S 526/2014 wef 01/09/2014] (b) before the end of the prescribed period — (i) makes an application to the court objecting to the registration on a prescribed ground; and (ii) notifies the Public Guardian of the application. [S 526/2014 wef 01/09/2014]
(a) receives a notice under paragraph 7 of an application for the registration of an instrument; and (b) before the end of the prescribed period, gives notice to the Public Guardian of an objection to the registration.
(a) is satisfied that the donor lacks capacity to object to the registration; and (b) directs the Public Guardian to register the instrument.
(a) the donor; and (b) the donee or, if more than one, each of them.
(a) the contents of the instrument; and (b) the fact that it has been registered.
(a) as a result of the donor’s bankruptcy; or (b) on the occurrence of an event mentioned in section 15(5)(a) to (d).
(a) the donor; and (b) the donee or, if more than one, each of them.
(a) determines under section 17(2)(a) that a requirement for creating the power was not met; (b) determines under section 17(2)(b) that the power has been revoked or has otherwise come to an end; or (c) revokes the power under section 17(4)(b).
(a) is ineffective as part of a lasting power of attorney; or (b) prevents the instrument from operating as a valid lasting power of attorney.
(a) notify the Public Guardian that it has severed the provision; or (b) direct him to cancel the registration of the instrument as a lasting power of attorney.
(a) the instrument; (b) any office copies of the instrument; (c) any copies of the instrument that have been certified by the Public Guardian under paragraph 15. [S 526/2014 wef 01/09/2014]
If in the case of a registered instrument it appears to the Public Guardian that under section 15 a lasting power of attorney is revoked in relation to the donor’s property and affairs (but not in relation to other matters), the Public Guardian must attach to the instrument a note to that effect. [S 526/2014 wef 01/09/2014]
(a) which has terminated the appointment of the donee; but (b) which has not revoked the instrument, the Public Guardian must attach to the instrument a note to that effect.
If in the case of a registered instrument it appears to the Public Guardian that the donee has been replaced under the terms of the instrument, the Public Guardian must attach to the instrument a note to that effect.
If in the case of a registered instrument the court notifies the Public Guardian under paragraph 18(2)(a) that it has severed a provision of the instrument, the Public Guardian must attach to it a note to that effect.
(a) the instrument; (b) any office copies of the instrument; (c) any copies of the instrument that have been certified by the Public Guardian under paragraph 15. [S 526/2014 wef 01/09/2014]
If the Public Guardian attaches a note to an instrument under paragraph 20, 21, 22 or 23, he must give notice of the note to the donor and the donee or donees of the power (or, as the case may be, to the other donee or donees of the power). [UK MCA 2005, Sch. 1] [Act 10 of 2016 wef 01/09/2016]
Sections 23(4) and (5) and 45
Paragraphs 2, 3 and 4 apply in relation to the execution of a will, by virtue of section 23, on behalf of P.
The will may make any provision (whether by disposing of property or exercising a power or otherwise) which could be made by a will executed by P if he had capacity to make it.
(a) state that it is signed by P acting by the authorised person; (b) be signed by the authorised person with the name of P and his own name, in the presence of 2 or more witnesses present at the same time; (c) be attested and subscribed by those witnesses in the presence of the authorised person; and (d) be sealed with the official seal of the court.
(a) section 6 of that Act does not apply; and (b) in the subsequent provisions of that Act any reference to execution in the manner required by that Act is to be read as a reference to execution in accordance with paragraph 3.
(a) P had had the capacity to make a valid will; and (b) the will had been executed by him in the manner required by the Wills Act.
(a) in so far as it disposes of immovable property outside Singapore; or (b) in so far as it relates to any other property or matter if, when the will is executed — (i) P is domiciled outside Singapore; and (ii) the condition in sub‑paragraph (5) is met.
(a) the settlement of any property of P; or (b) the exercise of a power vested in him of appointing trustees or retiring from a trust, the court may also make as respects the property settled or the trust property such consequential vesting or other orders as the case may require.
(a) the settlement makes provision for its variation or revocation; (b) the court is satisfied that a material fact was not disclosed when the settlement was made; or (c) the court is satisfied that there has been a substantial change of circumstances.
(a) that under the law prevailing in a place outside Singapore a person (“M”) has been appointed to exercise powers in respect of the property or affairs of P on the ground (however formulated) that P lacks capacity to make decisions with respect to the management and administration of his property and affairs; and (b) that, having regard to the nature of the appointment and to the circumstances of the case, it is expedient that the court should exercise its powers under this paragraph.
(a) any property situated in Singapore standing in the name of P; or (b) any stocks standing in the name of P or the right to receive dividends from such stocks, to be transferred into M’s name or otherwise dealt with as required by M, and may give such directions as the court thinks fit for dealing with accrued dividends from the stocks.
(a) shares; and (b) any funds, annuity or security transferable in the books kept by any body corporate or unincorporated company or society or by an instrument of transfer either alone or accompanied by other formalities, and “dividends” is to be construed accordingly.
(a) P’s property has been disposed of by virtue of section 23; (b) under P’s will or intestacy, or by a gift perfected or nomination taking effect on his death, any other person would have taken an interest in the property but for the disposal; and (c) on P’s death, any property belonging to P’s estate represents the property disposed of.
(a) which is made by virtue of section 23; and (b) which would apart from this paragraph result in the conversion of personal property into real property, property representing the property disposed of is to be treated, so long as it remains P’s property or forms part of P’s estate, as if it were personal property.
(a) the sale, exchange, charging of or other dealing (otherwise than by will) with property other than money; (b) the removal of property from one place to another; (c) the application of money in acquiring property; (d) the transfer of money from one account to another, and references to property representing property disposed of are to be construed accordingly and as including the result of successive disposals.
(a) for carrying out permanent improvements on any of P’s property; or (b) otherwise for the permanent benefit of any of P’s property.
(a) the whole of the money expended or to be expended; or (b) any part of it, is to be a charge on the property either without interest or with interest at a specified rate.
Sections 45 and 47
(a) the members of the committee shall, notwithstanding section 24(1), be deemed to be deputies appointed by the court to act jointly to make decisions on P’s behalf, but with the powers and functions that the committee had immediately before that date; and (b) a reference in any written law to a deputy appointed by the court includes members of the committee which by virtue of sub‑paragraph (a) are deemed to be deputies appointed under this Act.
(a) it shall revoke the member’s appointment as P’s deputy in relation to that matter; and (b) it may, in relation to any other matter, exercise in relation to P any of the powers which it has under sections 19 to 24.
(a) it shall be treated as made, given or done under those sections; and (b) the powers of variation and discharge conferred by section 20(7) shall apply accordingly.
On or after 1st March 2010, the Public Guardian is, for the purpose of exercising any of his functions, to be given such access as he may require to such of the records of the court as relate to the appointment of committees of estate or person under the Mental Disorders and Treatment Act (Cap. 178).
(a) while they are members of the committee; and (b) after they are discharged. [Act 27 of 2014 wef 01/01/2015] [UK MCA 2005, Sch. 5]
Notes:—Unless otherwise stated, the abbreviations used in the references to other Acts and statutory provisions are references to the following Acts and statutory provisions. The references are provided for convenience and are not part of the Act:
This Legislative History is provided for the convenience of users of the Mental Capacity Act. It is not part of the Act.
Date of First Reading : 21 July 2008 (Bill No. 13/2008 published on 22 July 2008) Date of Second and Third Readings : 15 September 2008 Date of Act publication : 17 October 2008
(Consequential amendments made to Act by) Date of First Reading : 25 May 2009 (Bill No. 11/2009 published on 25 May 2009) Date of Second and Third Readings : 20 July 2009 Date of commencement : 28 February 2010 (section 19(c))
Date of First Reading : 21 July 2008 (Bill No. 13/2008 published on 22 July 2008) Date of Second and Third Readings : 15 September 2008 Date of commencement : 1 March 2010 (except sections 13(9) and 26(l))
(Consequential amendments made to Act by) Date of First Reading : 25 May 2009 (Bill No. 11/2009 published on 25 May 2009) Date of Second and Third Readings : 20 July 2009 Date of commencement : 1 March 2010 (section 19(a), (b), (d) and (e))
(Consequential amendments made to Act by) Date of First Reading : 20 October 2008 (Bill No. 28/2008 published on 20 October 2008) Date of Second and Third Readings : 19 January 2009 Date of commencement : 1 March 2010 (section 12)
Date of operation : 31 March 2010
Date of commencement : 1 September 2014
(Consequential amendments made by) Date of First Reading : 8 July 2014 (Bill No. 21/2014 published on 8 July 2014) Date of Second and Third Readings : 4 August 2014 Date of commencement : 1 October 2014
(Consequential amendments made by) Date of First Reading : 8 July 2014 (Bill No. 21/2014 published on 8 July 2014) Date of Second and Third Readings : 4 August 2014 Date of commencement : 1 January 2015
Date of First Reading : 29 February 2016 (Bill No. 11/2016 published on 29 February 2016) Date of Second and Third Readings : 14 March 2016 Date of commencement : 30 June 2016
Date of First Reading : 29 February 2016 (Bill No. 11/2016 published on 29 February 2016) Date of Second and Third Readings : 14 March 2016 Date of commencement : 1 September 2016
Date of First Reading : 13 July 2015 (Bill No. 25/2015 published on 13 July 2015) Date of Second and Third Readings : 18 August 2015 Date of commencement : 1 November 2017
Date of First Reading : 29 February 2016 (Bill No. 11/2016 published on 29 February 2016) Date of Second and Third Readings : 14 March 2016 Date of commencement : 1 September 2018