Skip to content
In forceAmended2020 Revised Edition

Part 1 · Preliminary

2. Interpretation

Feedback & support
Amended

Last amended by an amending law of 2021. 6 amendments in all.

(1)

In this Act, unless the context otherwise requires —

“appropriate consent” has the meaning given by the Human Biomedical Research Act 2015;

“clinical trial” means a clinical trial within the meaning of the Medicines Act 1975 or the Health Products Act 2007;

“court” means the General Division of the High Court or a Family Court;

“deputy” means a person appointed by the court under section 20(2)(b) to make decisions on behalf of another person (“P”) in relation to a matter or matters concerning all or any of the following in respect of which P lacks capacity:

(a)

P’s personal welfare;

(b)

P’s property and affairs;

“donee” means a person who is conferred authority by a donor (“P”) under a lasting power of attorney to make decisions about all or any of the following when P no longer has capacity to make such decisions:

(a)

P’s personal welfare, or matters concerning P’s personal welfare that are specified in the lasting power of attorney;

(b)

P’s property and affairs, or matters concerning P’s property and affairs that are specified in the lasting power of attorney;

“donor” means a person (“P”) who confers authority on a donee (or donees) under a lasting power of attorney to make decisions about all or any of the following when P no longer has capacity to make those decisions:

(a)

P’s personal welfare, or matters concerning P’s personal welfare that are specified in the lasting power of attorney;

(b)

P’s property and affairs, or matters concerning P’s property and affairs that are specified in the lasting power of attorney;

“electronic”, “electronic record”, “record”, “secure electronic signature”, “signed” and “signature” have the meanings given by section 2(1) of the Electronic Transactions Act 2010*;

“electronic instrument” means an electronic record that confers authority of the kind mentioned in section 11(1);

“electronic transaction system” means the electronic transaction system established by the Public Guardian under section 10B(1);

“lasting power of attorney” has the meaning given by section 11;

“life-sustaining treatment”, in relation to a person, means treatment which, in the view of another person providing health care for that person, is necessary to sustain life;

“non-electronic lasting power of attorney” means a lasting power of attorney that is created using non-electronic means;

“professional deputy” means a person —

(a)

who offers or provides the services of a deputy for remuneration; and

(b)

who is registered with the Public Guardian as a professional deputy;

“professional donee” means a person —

(a)

who is a professional deputy or is within a class of persons prescribed as qualified to be a professional donee; and

(b)

who offers or provides the services of a donee for remuneration;

“property” includes any thing in action and any interest in real or personal property;

“Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A);

“registered medical practitioner” means any person who is registered as a medical practitioner under the Medical Registration Act 1997;

“Singapore public sector agency” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018;

“treatment” includes a diagnostic or other procedure;

“will” includes codicil.

(2)

In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made.

(3)

For the purposes of this Act, a reference to an instrument that confers authority of the kind mentioned in section 11(1) includes an electronic instrument made in accordance with section 11(2)(b)(ii).

Report

Part 2

Persons Who Lack Capacity

Part 3

Acts in Connection with Care or Treatment

Part 3A

Electronic Transaction System*

Part 4

Lasting Powers of Attorney

Part 5

General Powers of Court and Appointment of Deputies

Part 6

Excluded Decisions and Declaratory Provisions

Part 7

Public Guardian and Board of Visitors

Part 8

Supplementary Powers, Practice and Procedure of Court

Part 9

Miscellaneous

Schedules