Singapore legislation

Clause 14

of Mental Capacity Bill

Clause 14

Scope of lasting powers of attorney: gifts

(1)

Where a lasting power of attorney confers authority to make decisions about P’s property and affairs, it does not authorise a donee (or, if more than one, any of them) to dispose of the donor’s property by making gifts except to the extent permitted under subsections (2) and (3).

(2)

The donee may make gifts if, and only if, the lasting power of attorney contains express authorisation to that effect.

(3)

Where the express authorisation in the lasting power of attorney does not specify the value of the gift or gifts to be made, the donee —

(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).

(4)

Subsection (3) is without prejudice to section 11(4).