Singapore legislation

Regulation 28

of Mental Capacity Regulations 2010

Regulation 28

Application for certified copy of instrument registered under Act as lasting power of attorney by other persons

Subregulation 1

This regulation applies in any case where there is an instrument registered under the Act as a lasting power of attorney concerning a person (“P”) and regulation 27 is not applicable.

Subregulation 2

On receipt of an application with the prescribed fee by a person for a certified copy of an instrument registered under the Act as a lasting power of attorney made in accordance with paragraph (3), the Public Guardian may, if he considers that there is good reason to do so, furnish a certified copy of the registered instrument to the applicant.

Subregulation 3

An application must be made in the form and manner required by the Public Guardian, and state —

(a)

the name of P;

(b)

the reasons for making the application; and

(c)

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

Subregulation 4

The Public Guardian may require the applicant to provide any further information or documents to enable the Public Guardian to determine the application.

Subregulation 5

In determining whether to furnish a certified copy of the registered instrument to the applicant, the Public Guardian may in his discretion consider any relevant facts, including —

(a)

the connection between P and the applicant;

(b)

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

(c)

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

(d)

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