Singapore legislation
Regulation 180
of Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020
Regulation 180
Appointment of another person to act
Subregulation 1
This rule applies where it appears to the Court in any proceedings under Part 3 or Parts 13 to 22 of the Act, these Rules or the regulations that an individual (called in this rule and rules 43 and 181 an incapacitated person) affected by the proceedings lacks capacity (within the meaning of the Mental Capacity Act (Cap. 177A)) to manage or administer that individual’s property or affairs, or is unable to do the same by reason of —
suffering from a physical affliction; or
a disability.
Subregulation 2
The Court may appoint a person that the Court thinks fit to appear for, represent or act for the incapacitated person mentioned in paragraph (1), either of the Court’s own motion or on application by —
a person who has been appointed by any court in Singapore or elsewhere to manage the affairs of or to represent the incapacitated person;
any person who appears to the Court to be a suitable person;
in a case where the incapacitated person is a bankrupt or discharged bankrupt — the trustee of the bankrupt’s estate;
in a case where the incapacitated person is a debtor in respect of whom a voluntary arrangement approved by a creditors’ meeting summoned under section 281 of the Act is in effect — the nominee in question; or
in a case where the incapacitated person is a debtor to whom a debt repayment scheme applies under Part 15 of the Act — the Official Assignee.
Subregulation 3
The application under paragraph (2) must be supported by an affidavit made by a registered medical practitioner as to the mental or physical condition of the incapacitated person.
Subregulation 4
The appointment under paragraph (2) may be made —
without notice to any other party; and
either generally or for the purpose of a particular application or proceeding, for the exercise of particular rights or powers which the incapacitated person might have exercised but for his or her incapacity.
Subregulation 5
Despite paragraph (4)(a), the Court may require such notice of the application under paragraph (1) as it thinks necessary to be given to the incapacitated person or such other person, and may adjourn the hearing of that application to enable the notice to be given.