Mental Capacity (Exemption from Registration as Professional Deputy) Order 2018

No. S 528

Mental Capacity Act

(CHAPTER 177A)

Mental Capacity
(Exemption from Registration
as Professional Deputy) Order 2018

In exercise of the powers conferred by section 43B of the Mental Capacity Act, the Minister for Social and Family Development makes the following Order:

Citation and commencement

1.  This Order is the Mental Capacity (Exemption from Registration as Professional Deputy) Order 2018 and comes into operation on 1 September 2018.

Definition

2.  In this Order, “P” has the meaning given by section 11(1) or 20(1) of the Act.

Application

3.  This Order applies to a person —

(a) who —

(i) is an individual appointed, before 1 September 2018, by P as P’s donee under a lasting power of attorney;

(ii) is an individual appointed, on or after 1 September 2018, by P as P’s donee under a lasting power of attorney, where the instrument creating that lasting power of attorney was immediately before that date the subject of a pending application for registration under the Mental Capacity Regulations 2010 (G.N. No. S 105/2010); or

(iii) (whether or not an individual) is appointed, before 1 September 2018, by the court as a deputy to make decisions on P’s behalf under section 20(2) of the Act as in force immediately before that date; and

(b) who provides the services of a donee or deputy (as the case may be) for remuneration —

(i) because of any direction of the court given before 1 September 2018 under section 18(3)(c) or 24(8)(b) of the Act (as the case may be) as in force immediately before that date; or

(ii) where the person is a donee, under the terms of any arrangement made before 1 September 2018 between the donee and P.

Exemption from registration

4.  A person mentioned in paragraph 3 is exempt from the requirement to register as a professional deputy under section 25A(1) of the Act, in respect of his or her discharge of any functions of a donee or deputy in relation to any P mentioned in paragraph 3.

Made on 31 August 2018.

CHEW HOCK YONG

Permanent Secretary,
Ministry of Social and Family Development,
Singapore.

[MSF 076-083-02-1; AG/LEGIS/SL/177A/2015/6 Vol. 1]