PART I | PROVISIONS REGULATING PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDERS |
3.—(1) The court may, on such application as is hereinafter mentioned, make an order directing an inquiry whether any person subject to the jurisdiction of the court who is alleged to be mentally disordered is or is not of unsound mind and incapable of managing himself and his affairs.| (2) Such order may also contain directions for inquiries concerning the nature of the property belonging to the person alleged to be mentally disordered, the persons who are his relatives or next-of-kin, the time during which he has been of unsound mind or such other questions as to the court seem proper. |
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| 4. Application for such inquiry may be made by any person related by blood or marriage to the person alleged to be mentally disordered, or by any public officer nominated by the Minister. |
| Provision as to notice of inquiry |
5.—(1) Reasonable notice of the time and place appointed for the inquiry shall be given to the person alleged to be mentally disordered.| (2) If it appears that the person alleged to be mentally disordered is in such a state that personal service on him would be ineffectual, the court may direct such substituted service of the notice as it thinks proper. |
| (3) The court may also, if it thinks fit, direct a copy of the notice to be served upon any person related by blood or marriage to the person alleged to be mentally disordered. |
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| Power to examine person alleged to be mentally disordered |
| 6. At any time after the application for the inquiry, the court may require the person alleged to be mentally disordered to attend at such convenient time and place within Singapore as the court may appoint, for the purpose of being personally examined by the court or by any person from whom the court may desire to have a report of his mental capacity and condition, and the court may also make an order authorising any person or persons named therein to have access to the person alleged to be mentally disordered for the purpose of a personal examination. |
| Questions to be decided by court |
| 7. On the day fixed for the inquiry, after receiving such reports and hearing such evidence and arguments as it may think fit, the court shall decide whether the person who is alleged to be mentally disordered is or is not of unsound mind and incapable of managing himself and his affairs and shall also decide any other questions as to which the inquiry has been directed. |
8. The court may make such order as may appear just respecting the costs of the inquiry and may include therein such remuneration to physicians and surgeons as the court considers reasonable:| Provided that no order for the payment of costs shall be made against the Minister or against any public officer nominated under section 4. |
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| Appointment of committees |
9.—(1) If the court finds that the person who is alleged to be mentally disordered is of unsound mind and incapable of managing himself and his affairs, the court may, if it thinks fit, appoint a committee or committees of the person and estate of such person and may make such order, if any, as to the remuneration of the committee or committees out of such person’s estate, and as to the giving of security by the committee or committees, as to the court may seem fit.| (2) If the court finds that the person who is alleged to be mentally disordered is incapable of managing his affairs, but is not dangerous to himself or to others, the court may appoint a committee of his estate, without appointing a committee of his person. |
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| Powers of management of estate of mentally disordered person |
| 10. The court may, on the appointment of a committee or committees of the person and estate of a mentally disordered person, direct by the order or appointment or by any subsequent order that the person to whom the charge of the estate is committed shall have such powers for the management thereof as to the court seems necessary and proper, reference being had to the nature of the property, whether movable or immovable, of which the estate may consist. But such powers shall not extend to the sale or charge by way of mortgage of the estate or any part thereof or to the letting of any immovable property, unless for a term not exceeding 3 years. |
| Power of Registrar to receive proposal |
| 11. The Registrar shall be at liberty, without an order of reference, to receive any proposal and conduct any inquiry respecting the management of the estate of a mentally disordered person if such proposal relates to any matter which the committee of the estate has not been empowered by an order under section 10 to dispose of. The Registrar may likewise, without reference, receive and inquire into any proposal relating to the sale or charge by way of mortgage of the estate or of any part thereof or to the letting of any immovable property for a term exceeding 3 years. |
| Registrar to report to court |
| 12. The Registrar shall report to the court on the proposal, and the court shall, subject to the provisions of this Act, make such order upon the report and respecting the costs as shall under the circumstances seem just. |
| What relatives may attend proceedings |
| 13. The court shall once in the matter of each inquiry, and may afterwards from time to time, determine whether any one or more, and, if any, how many and which of the relatives or next-of-kin shall attend before the Registrar at the cost of the estate in any proceeding connected with the management thereof, and, if any such relative or next-of-kin is an infant, may from time to time appoint a fit person to be his guardian for the purpose of the proceeding. |
| Orders may be made on petition |
| 14. The court may, on application made to it by petition concerning any matter whatsoever connected with the inquiry, make such order, subject to the provisions of this Act, respecting the application and the costs thereof and of the consequent proceedings as shall under the circumstances seem just. |
| Dealing with mentally disordered person’s property for certain purposes |
15. The court may, if it appears to be just or for the benefit of the mentally disordered person, order that any property, movable or immovable, and whether in possession, reversion, remainder, contingency or expectancy, be sold, charged by way of mortgage, or otherwise disposed of as may seem most expedient for the purpose of raising money to be applied for any of the following purposes:| (a) | the payment of his debts, including any debt incurred for his maintenance or otherwise for his benefit; | | (b) | the discharge of any incumbrance on his estate; | | (c) | the payment of or provision for the expenses of his future maintenance and the maintenance of his family, including the expenses of his removal to his country of origin or elsewhere, when he shall be so removed, and all expenses incidental thereto; | | (d) | the payment of the costs of any proceeding under this Act and of any costs incurred by order or under the authority of the court. |
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| Committee to execute instruments |
| 16. The committee of the mentally disordered person’s estate shall, in his name and on his behalf, execute all such conveyances and instruments of transfer, relative to any sale, mortgage or other disposition of his estate as the court shall order. In like manner such committee shall, under the order of the court, exercise all powers whatsoever vested in a mentally disordered person whether the powers are vested in him for his own benefit or in the character of trustee or guardian. |
| 17. Where a person having contracted to sell or otherwise dispose of his estate or any part thereof afterwards becomes mentally disordered, the court may, if the contract is such as the court thinks ought to be performed, direct the committee of the estate to execute such conveyances and to do such acts in fulfilment of the contract as it thinks proper. |
| Partner found to be mentally disordered |
18. If a member of a partnership firm is found to be mentally disordered, the court may on the application of the other partners or of any person who appears to the court to be entitled to require the same, dissolve the partnership; and thereupon, or upon a dissolution by decree of court or otherwise by due course of law, the committee of the estate may, in the name and on behalf of the mentally disordered person, join with the other partners in disposing of the partnership property upon such terms, and shall do all such acts for carrying into effect the dissolution of the partnership, as the court thinks proper.| (1) If a member of a partnership firm is found to be mentally disordered, the court may on the application of the other partners or of any person who appears to the court to be entitled to require the same, dissolve the partnership; and thereupon, or upon a dissolution by decree of court or otherwise by due course of law, the committee of the estate may, in the name and on behalf of the mentally disordered person, join with the other partners in disposing of the partnership property upon such terms, and shall do all such acts for carrying into effect the dissolution of the partnership, as the court thinks proper. [5/2005 wef 11/04/2005] |
| (2) Subsection (1) does not apply to a limited liability partnership registered under the Limited Liability Partnerships Act 2005. [5/2005 wef 11/04/2005] |
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| Disposal of business premises |
| 19. Where a mentally disordered person has been engaged in business, the court may, if it appears to be for the benefit of his estate that the business premises should be disposed of, order the committee of the estate to sell and dispose of those premises, and the moneys arising from the sale shall be applied in such manner as the court directs. |
| Committee may dispose of lease |
| 20. Where a mentally disordered person is entitled to a lease or underlease, and it appears to be for the benefit of his estate that it should be disposed of, the committee of the estate may by order of the court surrender, assign or otherwise dispose of the lease or underlease to such person for such valuable or nominal consideration and upon such terms as the court thinks fit. |
| Transfer of stock of mentally disordered person |
| 21. Where any stock or Government or municipal securities or any share or debenture in a public company (transferable within Singapore or the dividends of which are payable there) are standing in the name of, or are vested in, a mentally disordered person beneficially entitled thereto or a committee of the estate of a mentally disordered person or a trustee for him, and the committee or trustee dies intestate or himself becomes mentally disordered or is out of the jurisdiction of the court, or it is uncertain whether the committee or trustee is living or dead or he neglects or refuses to transfer the stock, securities or shares or to receive and pay the dividends to a new committee or trustee, or as he directs, within 14 days after being required by him to do so, the court may order some fit person to make such transfer or to transfer the same and to receive and pay over the dividends in such manner as the court may direct, and the transfer or payment shall be valid and effectual for all purposes. |
| Transfer of property of mentally disordered person residing out of Singapore |
| 22. Where any property situate in Singapore is standing in the name of or vested in any person residing out of Singapore, the court, upon being satisfied that such person has been declared to be of unsound mind and that his personal estate has been vested in a committee, curator or manager according to the laws of the place where he is residing, may order some fit person to make such transfer of the property, or of any part thereof, to such committee, curator or manager or otherwise, and also to receive and pay over any proceeds or profits thereof as the court may think fit; and any act done in pursuance of the order shall be valid and effectual for all purposes. |
| Power to order maintenance without appointing committee |
| 23. If it appears to the court, having regard to the situation and condition in life of the mentally disordered person and his family and the other circumstances of the case, to be expedient that his property should be made available for his or their maintenance in a direct and inexpensive manner, the court may, instead of appointing a committee of the estate, order that the property, if money, or, if of any other description, the produce thereof when realised, be paid to such person as the court may think fit to be applied for that purpose, and all payments so made shall be a good discharge to the person making the payments. |
| Temporary provision for maintenance of mentally disordered person |
| 24. If it appears to the court that the unsoundness of mind of a mentally disordered person is in its nature temporary, and that it is expedient to make temporary provision for his maintenance or the maintenance of his family, the court may in like manner as under section 23 direct his property or a sufficient part of it to be applied for that purpose. |
| Order for detention of mentally disordered person |
| 25. When upon any inquiry under this Part any person has been found by the court to be of unsound mind and incapable of managing himself and his affairs, the court shall either make an order for the person to be received into a mental hospital and send him in suitable custody, together with the order for his reception, to the mental hospital named in the order, or may, if any friend or relative of the person undertakes in writing to the satisfaction of the court that the person shall be properly taken care of and shall be prevented from doing injury to himself or others, make him over to the care of that friend or relative. |
26.—(1) When any person has been found to be of unsound mind and it is shown to the court, either on the application of that person or of any other person acting on his behalf or on the information of any other person, that there is reason to believe that the unsoundness of mind has ceased, the court may make an order for inquiry whether the person is or is not still of unsound mind and incapable of managing himself and his affairs.| (2) The inquiry shall be conducted in the same manner subject to the same rules as are prescribed for an inquiry into the unsoundness of mind of a person alleged to be mentally disordered; and if it be found that the unsoundness of mind has ceased, the court shall order all proceedings in such matter to cease or to be set aside on such terms and conditions as under the circumstances of the case appear proper. |
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| Discharge of person found on inquiry not to be of unsound mind |
| 27. When after inquiry into the unsoundness of mind of any person detained in a mental hospital, the court has made an order under section 26 that the proceedings shall cease or be set aside, the person in charge of the mental hospital shall forthwith, on the production of a certified copy of the order, discharge from the mental hospital the person whose unsoundness of mind has ceased. |
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