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.
The Donee can only exercise his powers under the LPA when the Donor is mentally incapacitated.
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.
How is mental incapacity assessed?
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2 Step Test
Functional Component: Individual unable to make a decision for himself in relation to the matter
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.
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
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.
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.
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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