‘The Mental Capacity Act (MCA) was passed in parliament in 2008. It came into force on 1st March 2010 to replace the Mental Disorders and Treatment Act. The purpose of the Act is to provide a framework to protect persons who lack mental capacity. The Act also sets out, amongst other things, a statutory framework for individuals who want to make preparation for a future time should they lose lack capacity by allowing them to appoint proxy decision makers. Do contact our friendly lawyers to learn about the list of services provided on MCA.
Service
Mental Capacity Act Advisory
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Partner
Daniel Koh
Daniel is a Partner with the firm’s Dispute Resolution and Family Law team. His main area of practice is civil and criminal law litigation. He recently retired as a judge in the Family Justice Court after an illustrious public service career spanning almost 40 years. As a family court judge, he dealt with a wide range of family disputes, ancillary hearings, probate applications and contested lasting power of attorneys and deputyship appointment hearings under the Mental Capacity Act.
His adjudicative skills have been honed by his 2 decades of experience on the Singapore court bench, dealing with civil and criminal trials serving as a magistrate, assistant registrar, district judge and Registrar in the Subordinate Courts of Singapore. In 1995, as Registrar, he assisted the Chief Judge in initiating a comprehensive series of judicial reform and process engineering exercises that transformed the legal and judicial landscape in Singapore, significantly enhancing public access to justice and heightening public trust and confidence in the courts and the rule of law.
In May 2001, he held the position of Deputy Principal Senior State Counsel in the Attorney General’s Chambers prosecuting sensitive financial and securities fraud cases. As director, he supervised teams of deputy public prosecutors in the Financial Securities offences and Corruption & Specialist crime directorates. He was the lead prosecutor in several complex high profile white-collar crimes including the China Aviation Oil case, one of the biggest financial scandals in Singapore.
He was the first Public Guardian in Singapore from 2010 – 2015, seconded from the Attorney General’s Chambers in 2009 to take on this appointment.
Since the Mental Capacity Act came into effect on 1 March 2010, Daniel, supported by the Office of the Public Guardian, carried out various functions towards enabling and protecting vulnerable persons in the society who lack mental capacity. Since 2010 he has been a regular overseas expert speaker at several World Congress sessions held in Washington, Melbourne, Berlin, Tokyo and Seoul on guardianship law.
Partner
Hu Huimin
Huimin is a Partner with the firm’s Dispute Resolution team and Family Law team. She graduated from the National University of Singapore in 2011 from the prestigious Double Degree Programme in Law and Business Administration. She was conferred an LLB (Hons) and a BBA (Hons). Huimin was called to the Singapore bar in 2012.
Huimin is an experienced litigator and a keen advocate . She has been involved in various civil trials and hearings before the State Courts, the High Court and the Court of Appeal of Singapore in a wide range of matters. As a believer in alternative dispute resolution, Huimin is an SMC Accredited Mediator and a SMC Certified Family Mediator
Huimin also has a specialised focus in private client and family-related matters. This includes advising on pre-nuptial and post-nuptial agreements, high net-worth financial settlements arising out of divorce and relationship breakdown, interim financial applications, complex discovery applications and disputes involving children. She has considerable experience in high value divorces involving non-disclosure of assets, cross-jurisdiction assets and multi-million dollars assets. She has also acted for clients before the Family Justice Courts and the Supreme Court in both contentious and non-contentious probate matters, deputyship applications, divorce proceedings, ancillary matters, custody and maintenance issues. While she has considerable experience in complex litigation, she has also facilitated the resolution of many cases through private settlement and mediation.
Huimin’s cross-disciplinary knowledge and skills in business and law have provided her with a competitive edge. She has the capability to provide a unique mix of complementary services and she regularly advises clients on employment matters and other business-related disputes. She is effective in representing clients in commercial disputes and particularly, in handling shareholder disputes. She is very adept at handling issues relating to the division of business assets in matrimonial proceedings.
Huimin believes strongly that access to justice should be made available to all segments of society. As an assigned solicitor of the Legal Aid Bureau, Huimin has acted for legally aided clients in court proceedings.
Partner
Chia Shengyou, Edwin
Edwin’s experience is in litigation and arbitration proceedings, and estate planning.
He has experience in a diverse range of matters (including disputes between shareholders / joint venture partners), and has acted as lead counsel in disputes concerning equity and trust (involving resulting trust and common intention constructive trust), contentious probate, employment matters and in disciplinary proceedings (as prosecuting counsel). In the area of estate planning, he has extensive expertise advising on issues concerning Wills, application for Grant of Probate / Letters of Administration (including foreign domiciled deceased), and Lasting Power of Attorney.
Edwin was listed in the 2020 edition of Singapore’s 21 most influential lawyers aged 40 and under by the Singapore Business Review. Additionally, he was named as one of the SAF NSmen of the Year in 2022.
His notable experience includes acting as lead counsel where his clients successfully argued that the surviving joint owner of a commercial property was holding the said property on resulting trust on their behalf, before the General Division and the Appellate Division of the High Court, and the Court of Appeal. This matter received widespread media coverage.
Effectively bilingual, he has delivered seminars and webinars (in English and Mandarin) to and/or through various organisations, financial institutions, and news media on topics ranging from debt recovery to estate planning.