Mental Capacity Regulations 2010

a form to the same effect but which differs in an immaterial respect in form or mode of expression; or

a form to the same effect but with such variations as circumstances may require or as the Public Guardian may approve.

where the donor requires any information mentioned in paragraph 2(1)(a) of the First Schedule to the Act to be translated to the donor, the translation must be conducted by the person mentioned in paragraph 2(1)(e) of that Schedule (called in this regulation the witness) or another person (called in this regulation the translator) before the witness;

the full name of, and the number of the identity card issued to, each of the following persons under the National Registration Act 1965, or (if no identity card is issued to the person) the number of the person’s passport or other official identification document, must be specified on the instrument: (i)the donor;

the donee or (if there is more than one donee) every donee; (iii)the replacement donee or (if there is more than one replacement donee) every replacement donee;

the witness;

if applicable, the translator;

where the instrument is made using the electronic transaction system — the instrument must be executed in accordance with the requirements determined by the Public Guardian under section 10B(4) of the Act; and

where the instrument is made using any form at the Public Guardian’s website instead of using the electronic transaction system — the requirements in paragraph (2).

a donee must sign the instrument in the presence of a witness;

a replacement donee (if any) must sign the instrument in the presence of a witness;

where a translator had translated any information mentioned in paragraph 2(1)(a) of the First Schedule to the Act to a donee or replacement donee, the translator must indicate this fact on the instrument and be the witness mentioned in sub‑paragraph (a) or (b), as the case may be;

the donor must execute the instrument in accordance with paragraph 1(1)(c) of the First Schedule to the Act;

subject to paragraph (1)(a), where a translator had translated any information mentioned in paragraph 2(1)(a) of the First Schedule to the Act to the donor, the translator must indicate this fact on the instrument;

after the steps mentioned in sub-paragraphs (a) to (e) have been taken, the donor must sign at the end of every page of the instrument; and

the donor, a donee or a replacement donee (if any) may not witness any signature required for the instrument.

a legally qualified medical practitioner who is registered as specialists in psychiatry under the Medical Registration Act (Cap. 174);

a legally qualified medical practitioner who is accredited by the Public Guardian to issue LPA Certificates; and

an advocate and solicitor of the Supreme Court who has in force a practising certificate under the Legal Profession Act (Cap. 161).

a family member of the donor;

a donee of that power;

a donee of any other lasting power of attorney which has been executed by the donor (whether or not it has been revoked);

a family member of a donee within sub-paragraphs (b) and (c);

a director or an employee of a person other than an individual acting as a donee within sub-paragraphs (b) and (c);

a business partner or an employee of —

the donor; or

a donee within sub-paragraphs (b) and (c);

an owner, a director, a manager or an employee of any care facility where the donor lives or is cared for when the instrument is executed; or

a family member of a person within sub-paragraph (g).

where only one donee is appointed under the instrument — the date on which the Public Guardian gives the donee a notice under paragraph 5 of the First Schedule to the Act of the receipt of an application for the registration of an instrument (called in this regulation the specified notice); or

where more than one donee is appointed under the instrument — the date on which the Public Guardian gives every donee the specified notice or (if the specified notices are given on different dates) the last of those dates.

is entitled to receive notice under paragraph 5 of the First Schedule to the Act of an application for the registration of the instrument; and

wishes to object to registration on a ground set out in paragraph 9(1)(b) of the First Schedule to the Act,he must do so by the date specified in the notice.

the name and address of the objector;

the name and address of the donor of the power;

if known, the name and address of the other donee (or donees); and

the ground for making the objection.

the Public Guardian is satisfied that the ground of the objection is established; but(b)by virtue of section 15(6) of the Act, the instrument is not revoked,the notice under paragraph (4) must contain a statement to that effect.

the notice under paragraph (4) indicates that the Public Guardian is not satisfied that the particular ground of objection to which that notice relates is established; and

the date specified in the notice under paragraph (2) has not expired.

that one or more of the requirements for the creation of a lasting power of attorney have not been met;

that the power has been revoked, or has otherwise come to an end, on a ground other than the grounds set out in paragraph 9(1)(b) of the First Schedule to the Act;

any of the grounds set out in section 17(3) of the Act.

is entitled to receive notice under paragraph 5 of the First Schedule to the Act of an application for the registration of the instrument; and

wishes to object to registration on one or more of the grounds set out in paragraph (2),he must make an application to the court by the date specified in the notice.

a person is required by or under the Act to deliver to the Public Guardian any of the following documents:

an instrument registered as a lasting power of attorney;

[Deleted by S 501/2019 wef 01/08/2019](iii)a certified copy of that registered instrument; and

the document has been lost or destroyed.

if known, the date of the loss or destruction and the circumstances in which it occurred;

otherwise, a statement of when he last had the document in his possession.

give a notice of this to the donor and every donee (excluding the donee wishing to disclaim) (each called in this regulation B) in the form provided at the Public Guardian’s website by —

delivering it personally to the donor or B; (ii)prepaid registered post or ordinary post to the last postal address of the donor or B; or (iii)if A is unable to send the notice in the manner described in sub‑paragraph (i), or sub‑paragraph (ii) because A does not know the last postal address of the donor or B — sending it to the last email address of the donor or B, as the case may be; and

give a notice to the Public Guardian, in the form provided at the Public Guardian’s website, by sending it to the Public Guardian’s postal address or Public Guardian’s email address.

give a written notice of this to the donee or (if there is more than one donee) every donee by —

delivering it personally to the donee; (ii)prepaid registered post or ordinary post to the donee’s last postal address; or (iii)if the donor is unable to send the notice in the manner described in sub‑paragraph (i), or sub‑paragraph (ii) because the donor does not know the donee’s last postal address — sending it to the last email address of the donee; and

give a notice to the Public Guardian, in the form provided at the Public Guardian’s website, by sending it to the Public Guardian’s postal address or Public Guardian’s email address.

the register of lasting powers of attorney; (b)the register of court orders appointing deputies; and

the register of professional deputies,which the Public Guardian must establish and maintain.

information about a registered instrument or a registered order as the Public Guardian considers appropriate; (b)entries which relate to an instrument or order for which registration has been cancelled; and

such information, as the Public Guardian considers appropriate, on professional deputies.

the Ministry of Home Affairs;

the Insolvency and Public Trustee’s Office;

the Family Justice Courts constituted by the Family Justice Act 2014;

the Supreme Court constituted by the Constitution.

state —

[Deleted by S 870/2022 wef 14/11/2022](ii)the name of the person to whom the application relates; and

such other details about that person as the Public Guardian may require for the purpose of carrying out the search; and

be accompanied by the appropriate fee specified in the Mental Capacity (Public Guardian Fees) Regulations 2010.

the name of P;

the reasons for making the application; and

what steps, if any, the applicant has taken to obtain a copy of the instrument from P.

the connection between P and the applicant;

the reasons for requesting the information (in particular, why the information cannot or should not be obtained directly from P);

the benefit to P, or any detriment he may suffer, if a disclosure is made; and

any detriment that another person may suffer if a disclosure is made or not made.

specified information or information of a specified description; or

specified documents or documents of a specified description.

deal with specified matters; and

are provided in a specified form.

the person on whose behalf a deputy was appointed to act has died;

the deputy has died;

the court has made an order discharging the deputy; or

the deputy otherwise ceases to be under a duty to discharge the functions to which his appointment relates.

before the end of such reasonable period as may be specified; and

at such place as may be specified.

the Public Guardian has received representations (including complaints) about —

the way in which a deputy is exercising his powers; or

any failure to exercise them; or

it appears to the Public Guardian that there are other circumstances which —

give rise to concerns about, or dissatisfaction with, the conduct of the deputy (including any failure to act); or

otherwise constitute good reason to seek information about the deputy’s discharge of his functions.

to provide specified information or information of a specified description; or

to produce specified documents or documents of a specified description.

before the end of such reasonable period as may be specified; and

at such place as may be specified.

state the grounds on which reconsideration is required; and

contain or be accompanied by any relevant information or documents.

written notice of his decision on reconsideration; and

if he upholds the previous decision, a statement of his reasons.

the Public Guardian may —

give such directions to the Visitor; and

provide him with such information concerning the person to be visited,as the Public Guardian considers necessary for the purposes of enabling the visit to take place and the Visitor to prepare any report the Public Guardian may require; and

the Visitor must seek to carry out the visit and take all reasonable steps to obtain such other information as he considers necessary for the purpose of preparing a report.

disclose the report to him; and

invite him to comment on it.

receiving any reports from T which the court may require; and

dealing with representations (including complaints) about —

the way in which the transaction has been or is being carried out; or

any failure to carry it out.

have behaved, or may be behaving, in a way that contravenes his authority or is not in the best interests of the donor of the power;

be proposing to behave in a way that would contravene that authority or would not be in the donor’s best interests; or

have failed to comply with the requirements of an order made, or directions given, by the court.

to provide specified information or information of a specified description; or

to produce specified documents or documents of a specified description.

before the end of such reasonable period as may be specified; and

at such place as may be specified.

any information provided to be verified in such manner; or

any document produced to be authenticated in such manner,as he may require.