Singapore legislation
Clause 38
Clause 38
Applications to court
(1)
No permission is required for an application to the court for the exercise of any of its powers under this Act —
by a person who lacks, or is alleged to lack, capacity and, if such a person has not attained the age of 21 years, by anyone with parental rights with respect to him;
by the donor or a donee of a lasting power of attorney to which the application relates;
by a deputy appointed by the court for a person to whom the application relates;
by a person named in an existing order of the court, if the application relates to the order; or
by the Public Guardian where it appears to him that —
a person lacks capacity;
no application has been made or is likely to be made for an order under this Act; and
an order under this Act is necessary for the protection of the personal welfare, property or affairs of the person.
(2)
Subject to the Rules of Court, permission is required for any other application to the court.
(3)
In deciding whether to grant permission the court shall, in particular, have regard to —
the applicant’s connection with the person to whom the application relates;
the reasons for the application;
the benefit to the person to whom the application relates of a proposed order or directions; and
whether the benefit can be achieved in any other way.