Singapore legislation
Clause 6
Clause 6
Power to assess
(1)
The Director or a protector may do all or any of the following:
assess an individual or a vulnerable adult;
cause an individual or a vulnerable adult to be assessed by a qualified assessor;
direct any person to produce an individual or a vulnerable adult before the Director, protector or qualified assessor, to be assessed in the manner in paragraph (a) or (b);
remove an individual or a vulnerable adult from the place where the individual or vulnerable adult is residing or staying for the purpose of an assessment in the manner in paragraph (a) or (b) —
if the individual or vulnerable adult consents to the removal for that purpose despite that another person is preventing the individual’s or vulnerable adult’s removal;
if the individual or vulnerable adult does not consent to the removal but is assessed by a qualified assessor to lack the mental capacity to consent; or
in accordance with an order of the court under section 7(3).
(2)
Where a donee or deputy is appointed for the individual or vulnerable adult mentioned in subsection (1)(d)(ii), the Director, protector or qualified assessor may assess the individual or vulnerable adult under this section without the consent of the individual’s or vulnerable adult’s donee or deputy.
(3)
Subsection (2) applies whether the donee or deputy is appointed before, on or after the date of commencement of that subsection.
(4)
Where the individual or vulnerable adult is to be assessed at the place where the individual or vulnerable adult is residing or staying, the Director or protector may direct any other person present to leave that place so that the individual or vulnerable adult (as the case may be) can be assessed without that other person present.
(5)
The Director or protector may be accompanied by one or more relevant support persons to assist with the removal of the individual or vulnerable adult under subsection (1)(d), and may use such force as the Director or protector considers necessary to remove the individual or vulnerable adult or to prevent another person from obstructing the removal of the individual or vulnerable adult.
(6)
Where an individual or vulnerable adult is removed from a place under subsection (1)(d), the Director or a protector must, as soon as practicable after the assessment of the individual or vulnerable adult, permit the individual or vulnerable adult —
to return to the place;
to return to the care of a family member or any other person whom the Director or protector considers competent to provide care and protection to the individual or vulnerable adult; or
to return to another place, or to the care of a person, as directed by the court under section 7(4).
(7)
A qualified assessor who assesses the individual or vulnerable adult under this section must submit a report of the assessment to the Director or a protector.
(8)
A person —
who fails, without reasonable excuse, to comply with a direction given under subsection (1)(c) or (4); or
who obstructs another person from complying with the direction given under subsection (1)(c) or (4) to that other person,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(9)
This section is subject to section 7.