Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Interim orders and directions
36. The court may, pending the determination of an application to it in relation to a person (“P”), make an order or give directions in respect of any matter if —(a) there is reason to believe that P lacks capacity in relation to the matter; (b) the matter is one to which its powers under this Act extend; and (c) it is in P’s best interests to make the order, or give the directions, without delay.
Orders of suspension
36A.—(1) Despite section 36, on the application of a person mentioned in subsection (2), the court may make an order to suspend, for such period as the court thinks fit, all or any of the powers of P’s donee or deputy (called in this section an order of suspension) even where no application has been made to the court in relation to P.[10/2016] (2) The following persons may apply to the court for an order of suspension:(a) the Public Guardian; (b) a person mentioned in section 38(1)(a), (b) or (c); (c) any other person, but only with the permission of the court.[10/2016] (3) The court may make an order of suspension under subsection (1) if the court has reason to believe that —(a) P lacks capacity; (b) the donee or deputy —(i) is charged on or after 30 June 2016 (but not before the donee’s or deputy’s appointment under the lasting power of attorney or by the court, as the case may be) with an offence (whenever committed) of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty, whether as against P or another person; or (ii) engages, proposes to engage or has engaged (whether before, on or after 30 June 2016) in conduct that —(A) affects the suitability of the donee or deputy concerned to act as a donee or deputy; or (B) compromises P’s best interests in relation to P’s personal welfare or P’s property and affairs, whether or not the donee or deputy concerned is acting under a lasting power of attorney or court order, as the case may be; and (c) there is a risk of dissipation of P’s property by the donee or deputy concerned if the order of suspension is not made.[10/2016] (4) The court may make further orders or give directions as the court thinks necessary or expedient for giving effect to, or otherwise in connection with, an order of suspension.[10/2016] (5) An order of suspension may be varied or discharged by a subsequent order.[10/2016] (6) In this section, “P” means the person who lacks capacity and —(a) before lacking capacity, has conferred a lasting power of attorney on one or more donees; or (b) in respect of whom the court has appointed one or more deputies.[10/2016] (7) In this section —(a) where 2 or more donees are appointed under a lasting power of attorney, a reference to the donee is a reference to all or any of the donees; and (b) where 2 or more deputies are appointed by the court for P, a reference to the deputy is a reference to all or any of the deputies.[10/2016]
Power to call for reports
37.—(1) This section applies where, in proceedings brought in respect of a person (“P”), the court is considering a question relating to P. (2) The court may require a report to be made to it by the Public Guardian or a member of the Board of Visitors. (3) The court may require any person to arrange for a report to be made by one of its officers or employees. (4) The report must deal with such matters relating to P as the court may direct. (5) The Family Justice Rules may specify matters which, unless the court directs otherwise, must also be dealt with in the report.[27/2014] (6) The report may be made in writing or orally as the court may direct. (7) In complying with a requirement, the Public Guardian or 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. (8) If the Public Guardian or a member of the Board of Visitors is making a visit in the course of complying with a requirement, he or she may interview P in private. (9) If a member of the Board of Visitors who is a Special Visitor is making a visit in the course of complying with a requirement, he or she may if the court so directs carry out in private a medical, psychiatric or psychological examination of P’s capacity and condition.
Applications to court
38.—(1) No permission is required for an application to the court for the exercise of any of its powers under this Act —(a) by a person who lacks, or is alleged to lack, capacity and, if such a person has not attained the age of 21 years, by anyone with parental rights with respect to the person; (b) by the donor or a donee of a lasting power of attorney to which the application relates; (c) by a deputy appointed by the court for a person to whom the application relates; (d) by a person named in an existing order of the court, if the application relates to the order; or (e) by the Public Guardian where it appears to him or her that —(i) a person lacks capacity; (ii) no application has been made or is likely to be made for an order under this Act; and (iii) an order under this Act is necessary for the protection of the personal welfare, property or affairs of the person. (2) Subject to the Family Justice Rules, permission is required for any other application to the court.[27/2014] (3) In deciding whether to grant permission the court is to, in particular, have regard to —(a) the applicant’s connection with the person to whom the application relates; (b) the reasons for the application; (c) the benefit to the person to whom the application relates of the proposed order or directions; and (d) whether the benefit can be achieved in any other way.
Family Justice Rules
39.—(1) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules —(a) to regulate and prescribe the procedure and practice to be followed in respect of proceedings under this Act; and (b) to provide for costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings.[27/2014] (2) Without limiting subsection (1), the Family Justice Rules may make provision —(a) as to the manner and form in which proceedings are to be commenced; (b) as to the persons entitled to be notified of, and be made parties to, the proceedings; (c) for enabling the court to appoint a suitable person to act in the name of, or on behalf of, or to represent the person to whom the proceedings relate; (d) for enabling an application to the court to be disposed of without a hearing; (e) for enabling the court to proceed with, or with any part of, a hearing in the absence of the person to whom the proceedings relate; (f) for enabling or requiring the proceedings or any part of them to be conducted in private and for enabling the court to determine who is to be admitted when the court sits in private and to exclude specified persons when it sits in public; (g) as to what may be received as evidence (whether or not admissible apart from the Family Justice Rules) and the manner in which it is to be presented; (h) for the enforcement of orders made and directions given in the proceedings; (i) for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives; (j) as to the way in which, and funds from which, fees and costs are to be paid; (k) for charging fees and costs upon the estate of the person to whom the proceedings relate, if such charge does not cause any interest of the person in any property to fail or determine or to be prevented from recommencing; (l) for the payment of fees and costs within a specified time of the death of the person to whom the proceedings relate or the conclusion of the proceedings.[27/2014] (3) The Family Justice Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts.[27/2014]
Costs
40.—(1) Subject to the Family Justice Rules, the costs of and incidental to all proceedings in the court are in its discretion.[27/2014] (2) The court has full power to determine by whom and to what extent the costs are to be paid. (3) The court may, in any proceedings —(a) disallow; or (b) order the legal or other representatives concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with the Family Justice Rules. [27/2014] (4) In subsection (3) —“legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on the party’s behalf; “wasted costs” means any costs incurred by a party —(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.