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THE MENTAL CAPACITY ACT SINGAPORE

What is mental incapacity under the LPA regime?

what is mental incapacity - LPA

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The Lasting Power of Attorney (LPA) – What is it?

Under the Mental Capacity Act (MCA), individuals who wish to make advance plans for themselves can do so through a legal document known as the Lasting Power of Attorney (LPA). The LPA allows the donor to appoint a donee to act or make decisions on his behalf in matters relating to his personal welfare and/or property and finances.

The LPA framework facilitates anticipatory decision making, allowing one to plan for the future and better manage the risks to our personal welfare and assets.

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Mental Incapacity

The Donee can only exercise his powers under the LPA when the Donor is mentally incapacitated.

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What is Incapacity?

  • MCA recognises that mental incapacity is distinct from mental illness
  • Mental Incapacity can be temporary – e.g. intoxication
  • S4 MCA: Unable to make a decision for himself in relation to the matter because of, or a disturbance in the functioning of, the mind or brain.

➔ Mental Incapacity is issue and time specific.

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How is mental incapacity assessed?

Re BKR [2013] SGHC 201

2 Step Test

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  1. Functional Component: Individual unable to make a decision for himself in relation to the matter

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S5 MCA: A person is unable to make a decision where he cannot:-

  • Understand the information;
  • Retain the information;
  • Use or weigh information; or
  • Communicate his decision.
  1. Clinical Component: An Impairment of, or disturbance in the functioning of, the mind or brain which causes the inability
  • Assessed on the totality of the evidence before the court

Contact us

At PKWA Law, our Family Lawyers frequently act for family members to do up their LPA or apply to the court to appoint a Deputy under the Mental Capacity Act.   Our fees for an MCA application start at $2900.

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Summary of our Fees for an Application under the Mental Capacity Act to Appoint a Deputy.

  • $2,900 – iFAMS application (restricted to the use of monies below $60,000).
  • $3,900 – regular applications (where the use of monies can be above $60,000).
  • Our fees are not applicable if there is a dispute among family members.
  • Disbursements and GST are payable.
  • Application takes about 6 months.

 .DEPUTYSHIP MENTAL CAPACITY ACT FEES

Please contact us at tel 6854-5336 if you require assistance on an application under the Mental Capacity Act or for an LPA.

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RELATED ARTICLES:

The Lasting Power of Attorney

ABOUT PKWA LAW

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Our divorce lawyers, probate lawyers and wills lawyers are also consistently ranked as leading family lawyers by respected publications such as the Asian Legal Business, Benchmark Litigation Asia Pacific and Doyles’ Guide.

Contact us at tel 6854-5336 for a free first consultation or visit us at www.pkwalaw.comwww.sgdivorcelawyer.sg and https://www.pkwalaw.com/our-fees.html.

Conveniently located at HDB Hub, PKWA Law offers affordable divorce fees.

Tags: divorce lawyer singapore, singapore divorce lawyer, wills lawyer singapore, probate lawyer Singapore

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Keen to discuss more? Contact PKWA Law today for your free consultation.
Call Us At +65 6854 5336
(Family Law)
Call Us At +65 6397 6100
(Conveyancing)
Email Us At mail@pkwalaw.com