Singapore legislation
Regulation 45
Regulation 45
Application under section 12(1) or 17(1) (P. 3, r. 45)
Subregulation 1
This Rule applies in relation to —
an application made under section 12(1) for one or more orders under section 14 or 15 in relation to a vulnerable adult (V); and
an application made under section 17(1) to vary, suspend or revoke an order made under section 14(1) or 15 in relation to V.
Subregulation 2
Unless the Court otherwise directs, an application mentioned in paragraph (1) —
where V is assessed by a mental capacity assessor to lack the mental capacity to consent to the application — must be supported by a mental capacity assessment report in Form 36A given by that mental capacity assessor in respect of V; or
in any other case — must be supported by a medical report in Form 36B given by a registered medical practitioner in respect of V.
Subregulation 3
Subject to paragraph (4), the mental capacity assessment report mentioned in paragraph (2)(a) must relate to an assessment of V by the mental capacity assessor carried out no earlier than the period of 6 months ending on the date of the application.
Subregulation 4
Paragraph (3) does not apply where the mental capacity assessment report states that V is assessed to lack mental capacity permanently.
Subregulation 5
Subject to paragraph (6), the medical report mentioned in paragraph (2)(b) must relate to an assessment of V by the registered medical practitioner carried out no earlier than the period of 6 months ending on the date of the application.
Subregulation 6
Paragraph (5) does not apply where the medical report states that V is assessed to suffer from a physical infirmity, disability or incapacity that is permanent.
Subregulation 7
Where an application mentioned in paragraph (1) is not supported by a mental capacity assessment report or medical report (as the case may be), the Court may —
strike out the application; or
make any other order that it thinks fit.