Assessment of mental capacity in light of the Mental Capacity Act

02 Jul 2019

In the recent case of BUV v BUU [2019] SGHCF 15, the High Court (Family Division) found that an elderly lady had lacked the capacity to execute a lasting power of attorney and her will in Y2016. The Court ordered that deputies be appointed to act for this lady in respect of her property and affairs. The legal documents executed in Y2016 were also revoked.
 
This case illustrates the manner in which the Courts embark on an assessment of mental capacity under the Mental Capacity Act (Cap 177A) and the relevant considerations for the Courts when determining an application seeking a declaration of an individual’s mental incapacity.
 
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