Singapore legislation

Section 15

of Mental Capacity Act 2008

Section 15

Revocation of lasting powers of attorney, etc.

(1)

This section applies if —

(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.

(2)

P may, at any time when P has capacity to do so, revoke the power.

(3)

P’s bankruptcy revokes the power so far as it relates to P’s property and affairs.

(4)

The occurrence in relation to a donee of an event mentioned in subsection (5) —

(a)

terminates the donee’s appointment; and

(b)

except in the cases given in subsection (6), revokes the power.

(5)

The events are —

(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.

(6)

The cases mentioned in subsection (4)(b) are —

(a)

the donee is replaced under the terms of the instrument;

(b)

the donee 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.

(7)

The bankruptcy of a donee does not terminate the donee’s appointment, or revoke the power, insofar as the donee’s authority relates to P’s personal welfare.

(8)

The dissolution or annulment of a marriage between the donor and the donee does not terminate the appointment of a donee, or revoke the power, if the instrument provided that it was not to do so.