Singapore legislation

Section 24

of Mental Capacity Act 2008

Section 24

Appointment of deputies

Amended by10/201610/201610/2016

(1)

A deputy appointed by the court must be —

(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.

Amended by10/2016

(2)

The court may appoint an individual as a deputy by appointing the holder for the time being of a specified office or position.

(3)

A person may not be appointed as a deputy without the person’s consent.

(4)

The court may appoint 2 or more deputies to act —

(a)

jointly;

(b)

jointly and severally; or

(c)

jointly in respect of some matters and jointly and severally in respect of others.

(5)

When appointing a deputy, the court may at the same time appoint one or more other persons to succeed the deputy (each called in this Act a successor deputy) —

(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.

(6)

In the case of an application to which section 21 applies, the court is to have regard to the wishes of the parents or guardian of P on the choice of the successor deputy.

(7)

A deputy is to be treated as P’s agent in relation to anything done or decided by the deputy within the scope of the deputy’s appointment and in accordance with this Part.

(8)

A deputy under subsection (1)(a)(i) or (b)(i) is entitled to be reimbursed out of P’s property for the deputy’s reasonable expenses in discharging the deputy’s functions, but is not entitled to remuneration.

Amended by10/2016

(9)

A deputy under subsection (1)(a)(ii) or (iii) or (b)(ii) is entitled —

(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.

Amended by10/2016

(10)

The court may confer on a deputy powers to —

(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.

(11)

The court may require a deputy —

(a)

to give to the Public Guardian such security as the court thinks fit for the due discharge of the deputy’s functions; and

(b)

to submit to the Public Guardian such reports at such times or at such intervals as the court may direct.