Singapore legislation

Clause 24

of Mental Capacity Bill

Clause 24

Appointment of deputies

(1)

A deputy appointed by the court must be —

(a)

an individual who has attained the age of 21 years; or

(b)

as respects powers in relation to property and affairs, either such an individual, or a person other than an individual who is within a class of persons prescribed as being eligible to be appointed as donees.

(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 his 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 him (“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 shall 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 him within the scope of his appointment and in accordance with this Part.

(8)

The deputy is entitled —

(a)

to be reimbursed out of P’s property for his reasonable expenses in discharging his functions; and

(b)

if the court so directs when appointing him, to remuneration out of P’s property for discharging them.

(9)

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.

(10)

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 his functions; and

(b)

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

Read in full context — Mental Capacity Bill →