PSP 5- MCA and LPA

When deciding on selling or moving immovable property for someone lacking mental capacity (P), the decision-maker must prioritize preserving P's property for their care during their life.

Decision-makers should consider P's past and present wishes, beliefs, values, and other factors influencing their decisions when determining what's in their best interest.

Determining what's best for someone lacking mental capacity (P) involves many factors; it can be a subjective assessment.

Sufficient compliance with steps 1-9 and a reasonable belief the decision benefits P is enough to fulfill requirements for someone lacking mental capacity.

A practical guide for best practices when interacting with someone with a lack of mental capacity, giving specific application of the MCA, especially helpful in determining P's best interest.

A legal document allowing someone to appoint a trusted person to make decisions on their behalf in case they lose mental capacity in the future, avoiding court applications.

Singapore encourages people, especially seniors, to establish an LPA and has waived application fees until March 2026 to ease the process

Legal document granting someone (donee) the power to make decisions on behalf of another person (donor).

Bankruptcy of one donee (donie) only affects their appointment under LPA; other donees remain.

A donee authorized to make decisions related to the donor's daily life; where they live, who they live with, and routine care.

A donee authorized to handle the donor's finances; managing property, bank accounts, and expenses.

Statutory limitations on donees' actions under the MCA; protecting the donor's best interests.

Donee must not act for donor if donor is able to make decision.

Certain decisions that a donee is prohibited from making: marriage, divorce, religious matters, etc.

A donee is disallowed from making decisions regarding a life-sustaining treatment.

Additional responsibilities for donees beyond the statutory requirements, detailed in the Code of Practice.

A decision-maker for someone lacking mental capacity (P) can be a family member, a close friend, or a professional appointed by the court.

Decision-makers for someone lacking mental capacity (P) cannot do certain things, like make cash gifts without specific authorization, or sell property without court order.

A Lasting Power of Attorney (LPA) allows someone to appoint a trusted person to make decisions on their behalf in case they lose mental capacity, avoiding court applications.

A family member for the purposes of an LPA includes a spouse, children, parents, in-laws, and siblings.

Law firm trainees cannot act as issuers of LPA certificates.

The process of validating a foreign grant of probate in Singapore's High Court.

The applicant must submit a statement, oath (if available), and either a sealed copy of the foreign grant or a digitally verifiable sealed grant.

Solicitors verify the authenticity of foreign grant documents and provide the necessary certification.

A form specifying the required information for resealing of a foreign grant.

A temporary ID assigned after filing documents, replaced by a probate number on approval.

Verifying the original foreign grant or a certified copy at the probate counter (by 4:30 PM next day).

Requirements are identical to probate grant applications.

Same as those for applications for a grant of probate.

A financial guarantee required by the court, sometimes needing dispensation through an application.

Documents issued automatically after verification if all filing is appropriate.

A set of guidelines guiding decisions made for individuals lacking mental capacity (P), emphasizing their rights and best interests.

When deciding for someone lacking capacity (P), consider all factors relevant to their situation, including their past wishes, beliefs, and values.

A decision that may be deemed unwise doesn't automatically imply a lack of capacity in the individual.

Decisions made for someone lacking capacity (P) should prioritize preserving their property for their lifetime needs.

If a Lasting Power of Attorney (LPA) allows gifts, the value must be reasonable, considering the donor's estate and their lifetime needs.

The person receiving gifts under a Lasting Power of Attorney (LPA) must demonstrate the gifts are reasonable and in the donor's best interest.

When making a decision for someone lacking capacity (P), choose the least restrictive option that achieves the desired outcome.

When making decisions on behalf of someone lacking capacity (P), encourage their involvement as much as possible.

When making decisions for someone lacking capacity (P), consider their potential future recovery of capacity.

Understanding how decisions are made for people lacking capacity (P) ensures their rights and best interests are protected.