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Subsidiary Legislation

Mental Capacity Regulations 2010

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Part I

Preliminary

Official textFrom Singapore Statutes Online, unchanged

reg 1Citation and commencement

These Regulations may be cited as the Mental Capacity Regulations 2010 and shall come into operation on 1st March 2010.

reg 2Definitions

In these Regulations —“care facility” means —

(a)

any day centre or home for the disabled or the aged; or

(b)

any welfare, nursing, rehabilitation or convalescent home;“certified copy” means a document certified by the Public Guardian under paragraph 11 of the First Schedule to the Act as a copy of an instrument intended to create a lasting power of attorney and registered under that Schedule;“family member”, in relation to a person, means —

(a)

a spouse of the person;

(b)

a child of the person, including an adopted child and a step-child;

(c)

a father or mother of the person;

(d)

a father-in-law or mother-in-law of the person;

(e)

a brother or sister of the person; or

(f)

any other individual who is related by blood or marriage and who is living in the same household as the person;“LPA Certificate”, in relation to an instrument made with a view to creating a lasting power of attorney, means the certificate which is required to be included in the instrument by virtue of paragraph 2(1)(e) of the First Schedule to the Act;“Public Guardian’s email address” means the email address that is specified on the Public Guardian’s website as the email address to which communications to the Public Guardian may be sent;“Public Guardian’s postal address” means the postal address that is specified on the Public Guardian’s website as the postal address to which communications to the Public Guardian may be sent;[Deleted by S 524/2014 wef 01/09/2014][Deleted by S 501/2019 wef 01/08/2019]“Public Guardian’s website” means the Internet website of the Public Guardian at http://www.msf.gov.sg/opg;“Visitor” means a member of the Board of Visitors appointed under section 35 of the Act.

“care facility” means —

(a)

any day centre or home for the disabled or the aged; or

(b)

any welfare, nursing, rehabilitation or convalescent home;

“certified copy” means a document certified by the Public Guardian under paragraph 11 of the First Schedule to the Act as a copy of an instrument intended to create a lasting power of attorney and registered under that Schedule;

“family member”, in relation to a person, means —

(a)

a spouse of the person;

(b)

a child of the person, including an adopted child and a step-child;

(c)

a father or mother of the person;

(d)

a father-in-law or mother-in-law of the person;

(e)

a brother or sister of the person; or

(f)

any other individual who is related by blood or marriage and who is living in the same household as the person;

“LPA Certificate”, in relation to an instrument made with a view to creating a lasting power of attorney, means the certificate which is required to be included in the instrument by virtue of paragraph 2(1)(e) of the First Schedule to the Act;

“Public Guardian’s email address” means the email address that is specified on the Public Guardian’s website as the email address to which communications to the Public Guardian may be sent;

“Public Guardian’s postal address” means the postal address that is specified on the Public Guardian’s website as the postal address to which communications to the Public Guardian may be sent;

“Public Guardian’s website” means the Internet website of the Public Guardian at http://www.msf.gov.sg/opg;

“Visitor” means a member of the Board of Visitors appointed under section 35 of the Act.

reg 3Differences in forms

(1)

Any reference in these Regulations to a form provided at the Public Guardian’s website or in the electronic transaction system is to be treated as including —

(a)

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

(b)

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

(2)

If an instrument intended to create a lasting power of attorney differs in an immaterial respect in form or mode of expression from any of the forms mentioned in regulation 4(1), such difference is to be dealt with in accordance with paragraph 3 of the First Schedule to the Act.

Subregulation 1

Any reference in these Regulations to a form provided at the Public Guardian’s website or in the electronic transaction system is to be treated as including —

(a)

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

(b)

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

Subregulation 2

If an instrument intended to create a lasting power of attorney differs in an immaterial respect in form or mode of expression from any of the forms mentioned in regulation 4(1), such difference is to be dealt with in accordance with paragraph 3 of the First Schedule to the Act.