Loss of Mental Capacity

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Loss of mental capacity

In situations where an individual does not have a Lasting Power of Attorney (LPA) and loses their mental capacity to look after their affairs, a deputy will need to be put in place to deal with the individual’s personal needs.

Often, these situations can occur without warning. For instance, if the person was involved in a road traffic accident, suffered from an unexpected illness, or was born with special needs.

What is considered to be a mental incapacity?

The law indicates that a person has a lack of mental capacity when they cannot:

  • understand the information relevant to the decision;
  • retain that information;
  • use or weigh that information as part of the process of making the decision; or
  • communicate their decision (whether by talking, using sign language or any other means).
Read more
Straits Times Inheritance & Succession Award
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