Singapore legislation

Clause 3

Amendment of section 12

Section 12 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:“(1) A donee of a lasting power of attorney must be —

(a)

where the power relates 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 donee without remuneration;

(ii)

an individual who is a professional donee and is not related to P by blood or marriage; or

(iii)

a professional donee 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 donee without remuneration; or

(ii)

an individual who is a professional donee and is not related to P by blood or marriage.”;

(b)

by inserting, immediately after the word “person” in subsection (8)(b), the words “(called in subsection (9) the replacement donee)”; and

(c)

by inserting, immediately after subsection (8), the following subsection:“(9) To avoid doubt, an instrument used to create a lasting power of attorney cannot itself appoint a person to replace the replacement donee.”.

Read in full context — Mental Capacity (Amendment) Bill →