Monitoring of Donees and Deputies Appointed under Mental Capacity Act for Compliance with Fiduciary Duties

78 Ms Diana Pang Li Yen asked the Minister for Social and Family Development (a) whether the Office of the Public Guardian (OPG) monitors donees and deputies appointed under the Mental Capacity Act for their compliance with fiduciary duties; (b) how does OPG address non-performing deputies who refuse or fail to act; and (c) whether OPG will introduce stronger oversight such as periodic reporting, targeted audits or sanctions.

Mr Masagos Zulkifli B M M: The Office of the Public Guardian (OPG) requires deputies appointed by the Courts under the Mental Capacity Act (MCA) to submit annual reports. The reports must provide an account of decisions made by the deputies for the mentally incapacitated person including how they have managed the property and affairs. This will be used to assess the deputies' compliance with the Court orders and whether they have fulfilled their responsibilities under the MCA.

If OPG suspects potential ill-treatment or abuse of persons who have lost mental capacity, whether through the deputy reports or through whistleblowing, it will investigate and conduct further checks as necessary. This includes assigning a Board of Visitor, comprising of medical professionals and elder care practitioners, to assess the person's condition and standard of care.

Donees or deputies who do not adhere to good practices in managing the property and affairs of the person under a Lasting Power of Attorney or deputyship are placed under closer supervision by OPG, to ensure compliance with their responsibilities. Where there is evidence of fraud or financial mismanagement, OPG may apply to the Court to suspend or revoke the appointment of the errant donee or deputy and require him or her to make restitution to the mentally incapacitated person who has suffered loss. OPG may also refer appropriate cases to the police for criminal action to be taken.