Sir, I want to raise concerns about how we administer LPA and deputyship under the Mental Capacity Act.
First, on fees. The LPA registration fee waiver for citizens expires in March. If the objective is universal LPA uptake, I ask: could the Government make this waiver permanent? And for foreigners, the registration fee is $230, before certificate issuer fees — putting total cost above $300. This is important too for foreign workers. Under the Court of Appeal's ruling in SGB Starkstrom, no one can make legal decisions — including a WICA claim — for an incapacitated worker without a court-appointed deputy.
Second, the professional donee framework is too limited, relying too much on named individuals. Section 12(1)(b) of the Act requires personal welfare donees be individuals. Organisations are only allowed for “property & affairs”.
The OPG's own list of registered professional deputies illustrates the consequence. Six social workers and one accountant from TOUCH Community Services are listed individually — same address at Bukit Merah Central, same email, same phone number. They clearly function as an organisation. But the law forces the appointment to be personal to the social worker.
When that social worker leaves, the donor must pay to appoint a replacement. In deputyship cases, the replacement cost is taken from the incapacitated person's own assets. It seems wrong to make the donor pay for a gap in the law regarding organisations being donees.
In Australia, the states have addressed this through Public Guardian offices, which provide continuity for personal welfare decisions regardless of individual staff changes.
I ask: Will MSF consider amending Section 12 to allow accredited organisations to serve as donees for personal welfare? Will OPG issue guidance on what happens when a professional donee falls off the register? Will OPG consider prescribed fee guidelines for professional donee services — given that this is a fiduciary service for the most vulnerable, not a competitive market?
