Singapore legislation

Regulation 7

of Mental Capacity Regulations 2010

Regulation 7

Persons who may provide LPA Certificate

Amended byS 501/2019 wef 01/08/2019

Subregulation 1

Amended byS 501/2019 wef 01/08/2019

For the purposes of paragraph 2(1)(e) of the First Schedule to the Act and subject to paragraph (2), the following persons are persons of a prescribed description who may give an LPA Certificate:

(a)

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

(b)

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

(c)

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

Subregulation 2

A person is disqualified from giving an LPA Certificate in respect of any instrument intended to create a lasting power of attorney if that person is —

(a)

a family member of the donor;

(b)

a donee of that power;

(c)

a donee of any other lasting power of attorney which has been executed by the donor (whether or not it has been revoked);

(d)

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

(e)

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

(f)

a business partner or an employee of —

(i)

the donor; or

(ii)

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

(g)

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

(h)

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

Subregulation 3

For the purposes of paragraph (2), “donee” includes a “replacement donee”.