Mental Capacity Regulations 2010 - Singapore Statutes Online

No. S 105

Mental Capacity Act 2008

(ACT 22 OF 2008)

Mental Capacity Regulations 2010

In exercise of the powers conferred by sections 31(3) and (4) and 46 of the Mental Capacity Act 2008, the Minister for Community Development, Youth and Sports hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Mental Capacity Regulations 2010 and shall come into operation on 1st March 2010.

Definitions

2. In these Regulations —

“care facility” means any day centre and home for the disabled and the aged, and any welfare, nursing, rehabilitation and convalescent home;

“certified copy” means a document certified by the Public Guardian under paragraph 15 of the First Schedule to the Act as a copy of an instrument intended to create a lasting power of attorney and registered under that Schedule;

[S 524/2014 wef 01/09/2014]

“family member”, in relation to a person, means —

(a)	a spouse of the person;
(b)	a child of the person, including an adopted child and a step-child;
(c)	a father or mother of the person;
(d)	a father-in-law or mother-in-law of the person;
(e)	a brother or sister of the person; or
(f)	any other individual who is related by blood or marriage and who is living in the same household as the person;

“LPA Certificate”, in relation to an instrument made with a view to creating a lasting power of attorney, means the certificate which is required to be included in the instrument by virtue of paragraph 2(1)(e) of the First Schedule to the Act;

[Deleted by S 524/2014 wef 01/09/2014]

“prescribed information”, in relation to any instrument intended to create a lasting power of attorney, means the information contained in the prescribed form used for the instrument which appears under the heading “Prescribed Information”;

“Public Guardian’s website” means the Internet website of the Public Guardian at http://www.publicguardian.gov.sg;

[S 524/2014 wef 01/09/2014]

“Visitor” means a member of the Board of Visitors appointed under section 35 of the Act.

Minimal differences from prescribed forms

3. In these Regulations, any reference to a form in the case of a form set out in the Schedule or at the Public Guardian’s website, is to be regarded as also including —

(a)	a form to the same effect but which differs in an immaterial respect in form or mode of expression; or
(b)	a form to the same effect but with such variations as the circumstances may require or the court or the Public Guardian may approve. [S 524/2014 wef 01/09/2014]

Made this 19th day of February 2010.

NIAM CHIANG MENG

Permanent Secretary,
Ministry of Community Development,
Youth and Sports,
Singapore.

[MCYS 76-83-01D; AG/LEG/SL/177A/2009/3 Vol. 2]

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