Singapore legislation
Clause 25
Clause 25
Amendment of section 42
Section 42 of the principal Act is amended by inserting, immediately after subsection (3), the following subsections:“(4) Despite subsection (1), where a member lacks capacity to manage the member’s property and affairs —
if the member had created a lasting power of attorney conferring on a donee authority to make decisions about the member’s property and affairs (either generally or for the purposes of this Act), that donee may vote on behalf of the member; or
if a deputy has been, or is deemed to have been, appointed to make decisions on the member’s behalf in relation to the member’s property and affairs (either generally or for the purposes of this Act), that deputy may vote on behalf of the member.(5) In subsection (4) —
“deputy”, “donee” and “lasting power of attorney” have the same meanings as in section 2(1) of the Mental Capacity Act (Cap. 177A); and
a member lacks capacity in relation to a matter if the member lacks capacity within the meaning of section 4 of the Mental Capacity Act in relation to that matter.”.