Singapore legislation

Regulation 13

of Mental Capacity Regulations 2010

Regulation 13

Objection to registration: notice to Public Guardian to be given by donee

Amended byS 524/2014 wef 01/09/2014S 524/2014 wef 01/09/2014S 870/2022 wef 14/11/2022S 870/2022 wef 14/11/2022S 524/2014 wef 01/09/2014S 501/2019 wef 01/08/2019S 870/2022 wef 14/11/2022S 870/2022 wef 14/11/2022S 870/2022 wef 14/11/2022

Subregulation 1

Amended byS 524/2014 wef 01/09/2014

This regulation deals with any objection to the registration of an instrument as a lasting power of attorney which is to be made to the Public Guardian by the donee of the power.

Subregulation 2

Amended byS 524/2014 wef 01/09/2014S 870/2022 wef 14/11/2022S 870/2022 wef 14/11/2022S 524/2014 wef 01/09/2014

Where the donee of the power —

(a)

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

(b)

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.

Subregulation 3

Amended byS 501/2019 wef 01/08/2019S 870/2022 wef 14/11/2022

A notice of objection must be given in the form provided at the Public Guardian’s website, setting out —

(a)

the name and address of the objector;

(b)

the name and address of the donor of the power;

(c)

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

(d)

the ground for making the objection.

Subregulation 3A

Amended byS 870/2022 wef 14/11/2022

A notice of objection must be sent to the Public Guardian’s postal address or Public Guardian’s email address.

Subregulation 4

The Public Guardian must notify the objector as to whether he is satisfied that the ground of the objection is established.

Subregulation 5

At any time after receiving the notice of objection and before giving the notice required by paragraph (4), the Public Guardian may require the objector to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to determine whether the ground for making the objection is established.

Subregulation 6

Where —

(a)

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.

Subregulation 7

Amended byS 870/2022 wef 14/11/2022

Nothing in this regulation prevents an objector from making a further objection under paragraph 9 of the First Schedule to the Act where —

(a)

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

(b)

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