Singapore legislation

Regulation 5

of Mental Capacity (Registration of Professional Deputies) Regulations 2018

Regulation 5

Criteria for registration of non‑individual as professional deputy

Amended byS 164/2023 wef 31/12/2021

For the purposes of section 25A(2) of the Act, the Public Guardian may register a person (not being an individual) as a professional deputy to exercise powers with respect to P’s property and affairs if, and only if, the Public Guardian is satisfied —

(a)

that the person is a licensed trust company within the meaning of section 2 of the Trust Companies Act 2005;

(b)

that the court has not (whether before, on or after 1 September 2018) made any of the following orders in relation to the person:

(i)

because of the circumstances mentioned in section 17(3)(a) or (b) of the Act, an order under section 17(4) of the Act directing that an instrument purporting to create a lasting power of attorney not be registered, or revoking the instrument or lasting power of attorney, as it relates to that person; (ii)an order revoking the person’s appointment as a deputy under section 20(8)(a), (b) or (c) of the Act; (iii)an order suspending all or any of the person’s powers as a donee or deputy under section 36A of the Act; and

(c)

that the person is fit to be registered as a professional deputy after taking into account the person’s compliance history with requirements by or under the Act or regulations made under the Act.