Singapore legislation

Clause 15

of Mental Capacity Bill

Clause 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 he 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 his 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 referred to in subsection (4)(b) are —

(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.

(7)

The bankruptcy of a donee does not terminate his appointment, or revoke the power, in so far as his 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.