PSP 5- MCA and LPA

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary motivation for the person making a decision regarding the sale of immovable property?

Ensuring the preservation of P's property for future maintenance costs (correct)

Maximizing the financial gain from the sale

Following personal preferences instead of P's views

Minimizing legal challenges related to property management

Which factors should be included in the decision-making process related to P's best interests?

P's past and present wishes, beliefs, and values (correct)

Local market trends affecting property value

Legal precedents and case law references

Opinions of family members regarding financial matters

What does Section 6.11 indicate about compliance with decision-making requirements?

Compliance must be verified by an independent third party

Only total compliance is acceptable at any given time

Sufficient compliance is achievable by meeting steps 1 to 9 and believing the decision is in P's best interest (correct)

Non-compliance can be justified under certain circumstances

What is the purpose of the Lasting Power of Attorney (LPA)?

To appoint a trusted decision-maker for when an individual loses mental capacity Signup and view all the answers

Which chapter of the OPG's code of practice is important for determining P's best interest?

Chapter 6, relevant to determining P's best interest Signup and view all the answers

What action was taken by the Singapore government regarding the LPA until March 2026?

Waiving the application fee for the Lasting Power of Attorney Signup and view all the answers

What potential difficulties does an LPA help to avoid?

Court applications for deputyship and associated stress and costs Signup and view all the answers

What needs to be filed in addition to a statement when applying for resealing of a foreign grant?

A digitally verifiable sealed grant Signup and view all the answers

What is the purpose of the provisional reference number issued during the application process?

It serves as a temporary identification number until the court accepts the application Signup and view all the answers

Which document must be verified at the probate counter of the Family Justice Courts?

The original foreign grant or sealed certified true copy Signup and view all the answers

If the court requires an Administration bond, what should the applicant consider?

Application for dispensation of sureties Signup and view all the answers

What happens if the court finds the filed documents in order after reviewing affidavits?

The court will issue an order in terms Signup and view all the answers

What is the deadline for verifying the original foreign grant at the probate counter?

By 4:30 pm of the next working day Signup and view all the answers

What is one of the actions a donee cannot perform under the MCA when there is a prohibition outlined in Form 1?

Sell property without court order Signup and view all the answers

Which form provides the complete set of information required for filing an application for resealing?

Form 51 Signup and view all the answers

What requirement remains the same for supporting affidavits in both resealing applications and grant of probate applications?

Contents and requirements for supporting affidavits Signup and view all the answers

Which of the following actions can a donee take if it is deemed necessary to prevent harm to the donor?

Perform acts proportional to preventing harm Signup and view all the answers

What should an applicant do if security is not required during the filing process?

Proceed to issuance of the memorandum of resealing Signup and view all the answers

Under the MCA, which category best defines a family member?

Spouse, child, or immediate family Signup and view all the answers

What aspect may vary when filing a statement for resealing foreign grants compared to standard procedures?

The specific information contained in the statement Signup and view all the answers

Which of the following statements is true regarding a law firm trainee's authority under the MCA?

A law firm trainee cannot act as a donee Signup and view all the answers

What must be present to allow a donee to execute or revoke a CPF memorandum?

Explicit authorization in the LPA Signup and view all the answers

What happens to the appointment of a dony if one dony goes bankrupt while acting jointly and severally under the LPA?

Only the bankrupt dony's appointment is terminated. Signup and view all the answers

Which of the following is NOT a power that a personal welfare dony can exercise under the LPA?

Opening a bank account for P Signup and view all the answers

According to the MCA, when must a dony refrain from making a decision on behalf of P?

When P has the capacity to make the decision. Signup and view all the answers

Which type of decisions can a dony NOT make concerning life-sustaining treatment?

Deciding on a treatment that prevents serious deterioration Signup and view all the answers

What is a restriction on the donies regarding executing a will on behalf of the donor?

A dony cannot execute a will for the donor at all. Signup and view all the answers

Which of the following actions is explicitly excluded from the authority of a dony under Section 26 of the MCA?

Adopt a child Signup and view all the answers

Which duty is NOT typically required of a dony under the MCA?

Making only financial decisions Signup and view all the answers

Under the LPA, which of the following regarding the appointment of donies is incorrect?

All appointments are automatically revoked upon bankruptcy. Signup and view all the answers

What is one of the primary statutory principles under the MCA that governs the actions of donies?

Donies must consider the known wishes of the donor. Signup and view all the answers

What must be assumed regarding a person when making decisions on their behalf according to the MCA?

The person has the capacity to make decisions. Signup and view all the answers

Which principle is emphasized when making decisions in the best interest of someone lacking capacity?

The decision must minimize restrictions on rights and freedoms. Signup and view all the answers

What should be considered when assessing the best interests of a person according to section 6 MCA?

All relevant circumstances surrounding the decision. Signup and view all the answers

What is crucial when allowing a Donee to make gifts from the Donor's estate?

Gifts cannot exceed the size of the donor's estate unreasonably. Signup and view all the answers

When making decisions for a person lacking capacity, what should be included in the considerations?

Potential future capacity of the person. Signup and view all the answers

In what scenario could a decision be considered 'unwise' yet still reflect capacity?

When it does not yield immediate benefits. Signup and view all the answers

What obligation does section 6(4) of the MCA impose regarding decision-making?

Encouragement of the person in decision-making is necessary. Signup and view all the answers

When evaluating the preservation of the donor's property, what should be prioritized?

Costs of the donor's maintenance during their life. Signup and view all the answers

Which is NOT a practical step to help a person make their own decisions as outlined in section 3 of the MCA?

Restricting all external influences. Signup and view all the answers

Which section directly addresses the defense of a Donee in making a decision?

Section 7 MCA. Signup and view all the answers

Study Notes

Mental Capacity Act (MCA) Takeaways

The MCA assists individuals lacking capacity in decision-making through lasting powers of attorney (LPAs) and deputies.
Lack of capacity is determined by an impairment or disturbance in mental functioning, hindering decision-making.
Best interest decisions consider past and present wishes, beliefs, and values.
Creating an LPA requires meeting specific requirements and formalities, with two types available for different powers.
Registering an LPA involves online submission or hard copy, with associated fees.
An LPA can be revoked by the donor.
Court appointed deputies are necessary if an individual lacks capacity and doesn't have an LPA; the court considers the specific circumstances.

Determining Capacity (MCA Sections 4 & 5)

Lack of capacity is a time-and-decision specific inquiry, not determined by age, appearance, or behavior.
Impairment can be temporary (e.g., stroke) or permanent (e.g., dementia).
Capacity assessment has functional and clinical components: functional inability to make a decision, and mental impairment.

Best Interest Decisions (MCA Section 6)

Relevant circumstances, past and present wishes, beliefs, and values guide best interest decisions.
Immovable property decisions must prioritize preservation for maintenance costs.
Subjective views of the individual are a consideration, including beliefs and values that influence decisions.

Lasting Powers of Attorney (LPA)

LPAs allow donors to appoint a trusted person (donee) to manage their affairs if they lose capacity.
An LPA can be executed when the donor has capacity, enabling a trusted person to act in the donor's best interest.
Form 1 is a standard form with general powers while Form 2 allows for customized powers.
LPAs are submitted online via OPGO system (with exceptions, such as hard copy submission).

Court-Appointed Deputies

Court appointment of deputies occurs when an individual lacks capacity and doesn't have an LPA.
Court principles and circumstances guide decisions, with specific powers and scope.
Notifications of the application may be necessary.

Revocation of LPA and Termination of Deputies

Donors can revoke their LPA while they have capacity; it can be done through a physical form or the OPGO system.
Automatic termination occurs in certain circumstances under the MCA, such as bankruptcy of a donee or the death of a donee (for joint appointments).
Medical certification of permanent incapacity might be required for certain third-party transactions.

Role of Public Guardian

The Public Guardian manages LPAs and deputyship orders, supervises appointed deputies, investigates violations, and receives reports.
The Public Guardian's role is to facilitate and protect individuals without capacity.

Grants of Representation (Probates)

Grants of probate, letters of administration, and letters of administration with will annexed are different types.
Procedures for applying for grants of representation involve specific forms and documents, such as supporting affidavits and originating summons.
Formal requirements specific to probate procedures need to be followed.
Circumstances need to be considered when applying for grants.
The schedule of assets accompanying a grant of representation may be amended later.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Test your understanding of the Mental Capacity Act (MCA) and its key principles. Explore the importance of lasting powers of attorney (LPAs), determining mental capacity, and the role of court-appointed deputies. This quiz covers essential takeaways and sections relevant to decision-making for individuals lacking capacity.