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Mental Capacity Act (MCA) and Lasting Power of Attorney (LPA)

Our experienced family lawyers handle MCA and LPA matters, helping appoint trusted decision-makers and ensuring smooth management of personal, welfare, and financial affairs during incapacity.

Mental Capacity Act (MCA) and Lasting Power of Attorney (LPA)

What Is An LPA?

A Lasting Power of Attorney (“LPA”) is a legal instrument to allow another person (“your donee”) to act on your behalf if you lose the mental capacity to make your own decisions in the future. This allows you, as a donor, to make a considered choice as to who your donee should be.

There are two LPA forms available from the website of the Office of the Public Guardian (OPG):

  • Form 1 – A simplified form that may be filled in by yourself
  • Form 2 – Require drafting by lawyers.

Note that both forms require a lawyer’s witnessing before it may be submitted to the OPG.​

At Hoh Law Corporation, we provide the legal service of witnessing for Form 1 application and drafting, witnessing and submission of Form 2 at different rates. If you are interested, you may find out more and book an appointment at your preferred branch offices.

Powers Of The Donee In an LPA

The powers given to your donee under an LPA are only activated when the donor loses mental capacity, and not at the time of execution of the LPA.

An LPA enables the donee to have powers in relation to two major aspects on behalf of the donor, namely: a) personal welfare, and b) property and affairs.​

Requirements for an LPA

The requirements for making an LPA are as follows:

  • You must be at least 21 years old
  • You must have the mental capacity to make the LPA
  • You must not be an undischarged bankrupt if you wish to make an LPA for property and affairs matters

What Can Relatives Do If No LPA Was Made Before Loss of Mental Capacity?

When one loses their mental capacity before an LPA was made, an application may be made to the Court for someone to be appointed as a deputy under the Mental Capacity Act (MCA).

A deputy is someone empowered by the Court to make decisions on behalf of a person who lacks mental capacity if that person has not made a Lasting Power of Attorney and has no donee to act on his behalf.

MCA Application and Deputies: Key Duties and Considerations

An application under the Mental Capacity Act (“MCA”) is necessary when no Lasting Power of Attorney (“LPA”) has been registered, to appoint individuals to manage the patient’s/donor’s personal welfare, property, and affairs. These appointed individuals are known as “deputies.”

As part of the application process, the consent of “Relevant Persons” in the patient’s life must be obtained. The Court will also assess whether the proposed order or appointment is in the patient’s best interests, including factors such as whether the patient had previously executed a will in favour of the intended deputy.

Duties of Deputies

Once appointed, deputies must maintain proper records in managing the patient’s affairs. This includes keeping statements, vouchers, receipts, and other financial documents, such as bank and SGX statements, as well as records of expenses for medical care, housing, and other needs. Deputies are also jointly responsible for documenting all decisions and actions taken on behalf of the patient.

Who Are “Relevant Persons”?

“Relevant persons” as defined by the Family Justice Rules Practice Directions 2015 refers to persons who have an involvement in the patient’s life and/or who are likely to have an interest in the application. Often, the patient’s immediate family members, by virtue of their relationship to the patient, are likely to have an interest in being notified that an application has been made to the Court concerning the patient.

“Relevant persons” for the purpose of Rule 179 of the Family Justice Rules will therefore often include the following immediate family members:

  1. The patient‘s spouse;
  2. The patient‘s children (aged 21 and above);
  3. The patient‘s parents or guardians; and
  4. The patient‘s brothers and sisters (aged 21 and above).

Why Choose Hoh Law Corporation for your MCA application?

Our firm is one of the pioneers in filing for MCA applications in the Family Justice Courts and had also previously been invited to discuss changes to the Mental Capacity Act.

We are experienced in handling mental capacity applications and pledge to quickly resolve your application in a comprehensive and trustworthy manner. Call our hotline at 6553 4800 to find out more.

What should I bring for my first consultation?

If you have made an appointment for a consultation with our lawyers, kindly ensure you bring the following documents with you:

  1. NRIC of donor, donee(s) and substitute donee(s) [if any];
  2. If a HDB Flat or Property is involved, the title deeds to confirm whether the title is held in joint tenancy or tenancy in common.

Send Us An Enquiry

Thank you for choosing Hoh Law Corporation. For any general enquiries, please fill in the following contact form and we will get back to you as soon as possible.

Alternatively, you may reach us at 6553 4800.