Mental Capacity Act 2008 - Singapore Statutes Online

Powers to make decisions and appoint deputies: general

20.—(1) This section applies if a person (“P”) lacks capacity in relation to a matter or matters concerning —

(a)	P’s personal welfare; or
(b)	P’s property and affairs.

(2) The court may —

(a)	by making an order, make the decision or decisions on P’s behalf in relation to the matter or matters; or
(b)	appoint a person (called in this Act a deputy) to make decisions on P’s behalf in relation to the matter or matters.

(3) The powers of the court under this section are subject to the provisions of this Act and, in particular, to sections 3 (principles) and 6 (best interests).

(4) When deciding whether it is in P’s best interests to appoint a deputy, the court must have regard (in addition to the matters mentioned in section 6) to the principles that —

(a)	a decision by the court is to be preferred to the appointment of a deputy to make a decision; and
(b)	the powers conferred on a deputy should be as limited in scope and duration as is reasonably practicable in the circumstances.

(5) Subject to section 25 (restrictions on deputies), the court may make such further orders or give such directions, and confer on a deputy such powers or impose on the deputy such duties, as it thinks necessary or expedient for giving effect to, or otherwise in connection with, an order or appointment made by it under subsection (2).

(6) Without affecting section 6, the court may make the order, give the directions or make the appointment on such terms as it considers are in P’s best interests, even though no application is before the court for an order, directions or an appointment on those terms.

(7) An order of the court may be varied or discharged by a subsequent order.

(8) The court may, in particular, revoke the appointment of a deputy or vary the powers conferred on the deputy if it is satisfied that —

(a)	the deputy is convicted, on or after 1 September 2018 (but not before the deputy’s appointment by the court), of an offence (whenever committed) of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty, whether as against P or another person;
(b)	the deputy engages or has engaged in conduct that contravenes the deputy’s authority conferred by the court, or that is not in P’s best interests (whether or not the deputy is acting under a court order);
(c)	the deputy proposes to engage in conduct that would contravene the deputy’s authority conferred by the court, or that would not be in P’s best interests (whether or not the deputy is acting under a court order); or
(d)	where the deputy is a professional deputy, the registration of the deputy as a professional deputy is cancelled. [10/2016]

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