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laws.sgby aturio
In forceAmended2020 Revised Edition
Contents

Part 2 · Legal Aid in Civil Actions

6A. Application for legal aid in relation to appointment of deputy, etc.

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Amended

Last amended by an amending law of 2024.

(1)

This section applies where —

(a)

a person (P) lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008; and

(b)

a professional deputy makes an application for legal aid under section 6 in relation to —

(i)

a proceeding to be appointed as P’s deputy under section 20(2)(b) of the Mental Capacity Act 2008; or

(ii)

a proceeding to vary or amend an order made under section 20 of the Mental Capacity Act 2008, in relation to P.

(2)

Despite section 8, in considering an application by a professional deputy mentioned in subsection (1), the Director is to —

(a)

make inquiries under section 7(a) as to the means and condition of P (instead of the professional deputy); and

(b)

consider under section 8(1)(a) or (2)(b) whether P satisfies the prescribed means criteria (instead of the professional deputy).

(3)

The Minister may exercise his or her powers under section 8(4)(b) or (5) even though the Director is of the opinion that P does not satisfy or is not likely to satisfy the prescribed means criteria, and the reference in section 8(5) to the financial circumstances of an applicant is to be read as a reference to the financial circumstances of P.

(4)

The privileges mentioned in section 22(1) do not arise in relation to any information tendered to the Director concerning the property or income of P in relation to the professional deputy’s application for a Grant of Aid.

(5)

In this section, “professional deputy” means a person who —

(a)

is registered as a professional deputy under section 25A of the Mental Capacity Act 2008; or

(b)

meets such other criteria as may be prescribed.

Report

Read on from s 7

Part 3

Legal Advice

Read on from Part 3

Part 4

Supplementary

Read on from Part 4

Schedules