Mental Capacity Act (MCA) Application To Court
PERSONS APPOINTED BY COURT
The application to Court for Mental Capacity Action or MCA is required when no LPA has been registered so that persons can be empowered to manage the personal welfare, property and affairs for the person in question, i.e. P. These persons who are empowered to act on behalf of P are known as “Deputies”.
DUTIES OF DEPUTIES
Often the intended deputies are required to keep statements, vouchers, receipts and other financial records in the administration of P’s property and affairs. These include all bank statements, or financial statements from SGX, evidence of all expenses incurred for P in respect of medical bills and receipts of any housing or care arrangements.
The deputies are also jointly required to keep a record of decisions made or acts done relating to P property and affairs.
CONSIDERATIONS IN THE APPLICATION
In making an application for MCA, the Court also considers the benefit to the person to whom the application relates of the proposed order or direction such as whether a Will was executed in favour of the Deputy intended to be appointed.
The consents of relevant persons in P‘s life would also have to be obtained.
WHO ARE RELEVANT PERSONS ?
“Relevant persons” as defined by the Family Justice Rules Practice Directions 2015 refers to :-
“Persons who have an involvement in P‘s life and/or who are likely to have an interest in the application. Often, P‘s immediate family members, by virtue of their relationship to P, are likely to have an interest in being notified that an application has been made to the Court concerning P.
‘Relevant persons’ for the purpose of Rule 179 of the Family Justice Rules will therefore often include the following immediate family members:
(a) P‘s spouse;
(b) P‘s children (aged 21 and above)
(c) P‘s parents or guardians; and
(d) P‘s brothers and sisters (aged 21 and above)
Why Choose Hoh Law Corporation For MCA Application ?
- Our firm has been one of the pioneers in filing the MCA applications in the Family Justice Courts and have also been invited to discuss changes to the Mental Capacity Act
- We are experienced in handling mental capacity applications and offer a one-stop service of advising you the requirements and obtaining orders in a comprehensive and trustworthy manner.
WE ARE HERE TO HELP
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