Public Guardian
Open ↗30.—(1) For the purposes of this Act, there is to be an officer known as the Public Guardian to be appointed by the Minister.
(1A) The Minister may appoint any number of Assistant Public Guardians that the Minister thinks necessary to assist the Public Guardian in the proper discharge of the Public Guardian’s functions.[10/2016]
(1B) An Assistant Public Guardian may exercise all the powers of the Public Guardian, except the powers exercisable under subsections (3) and (4).[10/2016]
(2) If the Public Guardian is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any reason temporarily unable to perform his or her duties, the Minister may appoint an Assistant Public Guardian or any other person to act in the place of the Public Guardian during any such period of absence from duty.[10/2016]
(3) The Public Guardian may in writing appoint any public officer as an authorised officer for the purposes of this Act.
(4) The Public Guardian may delegate to any authorised officer all or any of the functions or powers conferred on the Public Guardian by this Act except the powers conferred by this subsection.
(5) The Public Guardian may disclose information obtained in connection with the administration or execution of this Act to any authorised officer if this is necessary to enable the authorised officer to perform his or her official duties under this Act.
(6) An authorised officer to whom information under subsection (5) is disclosed may only disclose or use the information to the extent necessary for performing his or her official duties under this Act, but not otherwise.
(7) Any person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
(8) Subsections (5) and (6) do not affect any right of disclosure under this Act or any other written law or rule of law.
(9) The Public Guardian and every Assistant Public Guardian are deemed to be public servants for the purposes of the Penal Code 1871.[10/2016]
Functions of Public Guardian
Open ↗31.—(1) The Public Guardian has the following functions:(a)
establishing and maintaining a register of lasting powers of attorney;
(b)
establishing and maintaining a register of orders appointing deputies;
(ba)
establishing and maintaining a register of professional deputies;
(c)
supervising deputies appointed by the court;
(d)
directing a member of the Board of Visitors to visit —(i)
a donee of a lasting power of attorney;
(ii)
a deputy appointed by the court; or
(iii)
the person granting the lasting power of attorney or for whom the deputy is appointed (“P”),
and to make a report to the Public Guardian on such matters as the Public Guardian may direct;
(e)
receiving security which the court requires a person to give for the discharge of the person’s functions;
(f)
receiving reports from donees of lasting powers of attorney and deputies appointed by the court;
(g)
reporting to the court on such matters relating to proceedings under this Act as the court requires;
(h)
dealing with representations (including complaints) about the way in which a donee of a lasting power of attorney or a deputy appointed by the court is exercising the donee’s or the deputy’s powers;
(i)
dealing with representations (including complaints) about any act purportedly carried out under section 10;
(j)
investigating any contravention or alleged contravention of any provision of this Act;
(k)
publishing, in any manner the Public Guardian thinks appropriate, any information he or she thinks appropriate about the discharge of his or her functions;[10/2016]
[Act 16 of 2021 wef 14/11/2022]
(l)
establishing and maintaining the electronic transaction system.[Act 16 of 2021 wef 14/11/2022]
(2) The functions conferred by subsection (1)(c), (h) and (i) may be discharged in cooperation with any other person who has functions relating to the care or treatment or the property and affairs of P.
(3) The Minister may, by regulations, make provision —(a)
conferring on the Public Guardian other functions in connection with this Act;
(b)
in connection with the discharge by the Public Guardian of his or her functions.
(4) Regulations made under subsection (3)(b) may in particular make provision as to —(a)
the giving of security by deputies appointed by the court and the enforcement and discharge of security so given;
(b)
the fees which the Public Guardian may charge;
(c)
the way in which, and funds from which, such fees are to be paid;
(d)
exemptions from and reductions in such fees;
(e)
remission of such fees in whole or in part; and
(f)
the making of reports to the Public Guardian by deputies appointed by the court and others who are directed by the court to carry out any transaction for a person who lacks capacity.
Public Guardian may interview donor
Open ↗31A.—(1) If on receiving an application to register an instrument purporting to create a lasting power of attorney, the Public Guardian has reasonable cause to suspect that fraud or undue pressure was used to induce a person (“P”) to —(a)
execute the instrument; or
(b)
execute the instrument to appoint a particular person as P’s donee,
the Public Guardian or an authorised officer mentioned in section 30(3) may require P to appear before the Public Guardian or the authorised officer (as the case may be) at any reasonable time and at any convenient place.
(2) The Public Guardian or authorised officer may interview P to ascertain whether any fraud or undue pressure was used to induce P to do either of the acts mentioned in subsection (1)(a) or (b).
(3) Where the Public Guardian has reason to suspect that fraud or undue pressure has been used to induce P to execute an instrument to appoint a particular person as P’s donee, the Public Guardian may disclose to P the following information:(a)
the number of lasting powers of attorney under which that person is appointed as donee;
(b)
the number of applications pending for the registration of an instrument that appoints that person as a donee under the instrument.[Act 16 of 2021 wef 14/11/2022]
Powers of investigation by Public Guardian
Open ↗32.—(1) The Public Guardian may, for the purpose of discharging his or her functions under this Act —(a)
require any person who has any information which relates or is reasonably believed to relate to a person who lacks capacity to provide the Public Guardian with the information;
(b)
require any person who has in the person’s custody or under the person’s control any document which relates or is reasonably believed to relate to a person who lacks capacity —(i)
to provide the Public Guardian with a copy of or an extract from the document; or
(ii)
unless the document forms part of the records or other documents of a public authority or any court of competent jurisdiction, to provide the Public Guardian with the document itself for his or her inspection; or
(c)
require any person mentioned in paragraph (a) or (b) to attend at a specified time and place to provide such information orally or in writing, or such documents or copies or extracts thereof, as the case may be.
(2) The Public Guardian is entitled without payment to keep any copy or extract provided under subsection (1).
(3) Where a document provided for inspection under subsection (1)(b)(ii) is not held by any person entitled to the custody of the document, the Public Guardian may keep it or deliver it to any other person who may be entitled to the custody of the document.
(4) The Public Guardian has at all times full and free access to all buildings, places, books, papers and electronic computing or storage devices for the purpose of discharging his or her functions under this Act, and may, without payment, inspect, copy or make extracts from any such books, papers or electronic computing or storage devices.
(5) The Public Guardian may take possession of any book, paper or electronic computing or storage device mentioned in subsection (4), and remove it from any building or place, where in his or her opinion —(a)
the inspection, copying thereof or extraction therefrom cannot reasonably be performed without taking possession;
(b)
the book, paper or electronic computing or storage device may be interfered with or destroyed unless possession thereof is taken; or
(c)
the book, paper or electronic computing or storage device may be required as evidence in proceedings for an offence under this Act.
(6) Any person who fails to comply with any requirement specified under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
(7) If a person is charged with an offence for failing to comply with any requirement specified under subsection (1), it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement.
(8) Any person who —(a)
knowingly or recklessly provides to the Public Guardian or an authorised officer any information or document which is false or misleading in a material particular; or
(b)
wilfully alters, suppresses, conceals or destroys any document or any part of such document which the person is or may be required to provide under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(9) Nothing in this section —(a)
compels a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him or her in that capacity; or
(b)
authorises the taking of any such document or other material which is in his or her possession.
(10) Subject to subsection (11), the Public Guardian may disclose to another public officer any information received by him or her under or for the purposes of this Act, where the disclosure is made for any purpose —(a)
connected with the discharge of the functions of the Public Guardian; and
(b)
of enabling or assisting that other public officer to discharge any of his or her functions.
(11) Where any information disclosed to the Public Guardian under this Act is so disclosed subject to any express restriction on the disclosure of the information by the Public Guardian, the Public Guardian’s power of disclosure under subsection (10) is, in relation to the information, exercisable by the Public Guardian subject to any such restriction.
Evidence of transaction with Public Guardian
Open ↗32A.—(1) Despite any other written law or rule of law, any document prepared by the Public Guardian that —(a)
consists of information reproduced or extracted from any original document; and
(b)
contains a statement by the Public Guardian that the information is a true reproduction or extract of the original document,
is in any proceedings admissible in evidence in place of and to the same extent as the original document, unless evidence to the contrary is adduced.
(2) A copy of an instrument certified by the Public Guardian under paragraph 11 of the First Schedule to be a true copy of the original instrument registered to create a lasting power of attorney is —(a)
evidence of the contents of the original instrument on the date and time specified on that copy; and
(b)
evidence of the registration of the instrument by the Public Guardian on the date and time specified on that copy.
(3) In this section, “original document” means a document that is filed or lodged with, submitted to, or issued by, the Public Guardian.[Act 16 of 2021 wef 14/11/2022]
Appointment of auditors
Open ↗33.—(1) Without affecting the Public Guardian’s functions and powers under this Act, the Public Guardian may appoint in writing an auditor to assist the Public Guardian in examining, either generally or in relation to any particular matter —(a)
any report of a donee of a lasting power of attorney or of a deputy appointed by the court; and
(b)
any book, document, electronic computing or storage device or information obtained or received by the Public Guardian in the discharge or exercise of the Public Guardian’s functions or powers under this Act.[10/2016]
(2) A person is not qualified for appointment as an auditor under subsection (1) unless the person is a public accountant who is registered or deemed to be registered under the Accountants Act 2004.[10/2016]
(3) For the purposes of this section, the Public Guardian may disclose to an auditor appointed under subsection (1) any book, document, electronic computing or storage device or information obtained or received by the Public Guardian under this Act, where the disclosure is necessary to enable the auditor to carry out an examination under subsection (1).[10/2016]
(4) The auditor must, upon completion of the examination under subsection (1), submit a report to the Public Guardian.[10/2016]
Rectification or updating on Public Guardian’s initiative
Open ↗33A.—(1) The Public Guardian may rectify or update any particulars or document in a register kept by the Public Guardian, if the Public Guardian is satisfied that —(a)
there is an error or a defect in the particulars or document arising from any grammatical, typographical or similar mistake; or
(b)
there is evidence of a conflict between the particulars of a person and —(i)
any other information in the register relating to that person; or
(ii)
any other information relating to that person obtained from any Singapore public sector agency that may be prescribed.
(2) Before the Public Guardian rectifies or updates a register under subsection (1), the Public Guardian must, except under prescribed circumstances, give written notice to the person whose particulars or document is to be rectified or updated of the Public Guardian’s intention to do so, and state in the notice —(a)
the reasons for and details of the proposed rectification or updating to be made to the register; and
(b)
the date by which any written objection to the proposed rectification or updating must be delivered to the Public Guardian, being a date at least 14 days (or any longer prescribed period) after the date of the notice.
(3) The person notified under subsection (2) may deliver to the Public Guardian, not later than the date specified under subsection (2)(b), a written objection to the proposed rectification or updating of the register.
(4) The Public Guardian must not rectify or update the register if the Public Guardian receives a written objection under subsection (3) to the proposed rectification or updating of the register by the date specified under subsection (2)(b), unless the Public Guardian is satisfied that the objection is frivolous or vexatious or has been withdrawn.
(5) The Public Guardian may rectify or update the register if the Public Guardian does not receive a written objection under subsection (3) by the date specified under subsection (2)(b).
(6) The Public Guardian may include such notation as the Public Guardian thinks fit on a register for the purposes of providing information relating to any error or defect in any particulars or document in the register, and may remove such notation if the Public Guardian is satisfied that it no longer serves any useful purpose.
(7) Despite anything in this section, the Public Guardian may, if the Public Guardian is satisfied that there is any error or defect in any particulars or document in a register, by written notice, request that the person to which the particulars or document relates take such steps within such time as the Public Guardian may specify to ensure that the error or defect is rectified.
(8) In this section —“document” does not include a lasting power of attorney;
“register” means —(a)
a register of lasting powers of attorney;
(b)
a register of orders appointing deputies; or
(c)
a register of professional deputies.[Act 16 of 2021 wef 01/04/2023]
Protection from personal liability
Open ↗34. No liability shall lie personally against any of the following individuals who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act:(a)
the Public Guardian, any Assistant Public Guardian, any authorised officer or any person acting under the direction of the Public Guardian or an Assistant Public Guardian;
(b)
any member of the Board of Visitors;
(c)
any auditor appointed under section 33.[10/2016]
Board of Visitors
Open ↗35.—(1) The Minister may appoint persons to be members of a Board of Visitors.[Act 5 of 2025 wef 09/03/2025]
(1A) An appointment under subsection (1) must be published in the Gazette.[Act 5 of 2025 wef 09/03/2025]
(2) The Board of Visitors consists of —(a)
Special Visitors; and
(b)
General Visitors.
(3) A person is not qualified to be a Special Visitor unless he or she —(a)
is a registered medical practitioner or appears to the Minister to have other suitable qualifications or training; and
(b)
appears to the Minister to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain.
(4) A General Visitor need not have a medical qualification.
(5) A member of the Board of Visitors —(a)
may be appointed for such term and subject to such conditions; and
(b)
may be paid such remuneration and allowances,
as the Minister may determine.
(6) For the purpose of carrying out his or her functions under this Act in relation to a person who lacks capacity (“P”), a member of the Board of Visitors may, at all reasonable times, examine and take copies of —(a)
any health record; and
(b)
any record held by any person and compiled in connection with a social services function,
so far as the record relates to P.
(7) A member of the Board of Visitors may also for that purpose interview P in private.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
