Statute Details
- Title: Mental Capacity (Public Guardian Fees) Regulations 2010
- Act Code: MCA2008-S106-2010
- Type: Subsidiary Legislation (SL)
- Enacting Act / Authorising Act: Mental Capacity Act 2008 (Act 22 of 2008)
- Authorising powers: Sections 31(3) and (4) and 46 of the Mental Capacity Act 2008
- Citation: S 106/2010
- Commencement: 1 March 2010
- Status: Current version (as at 27 Mar 2026)
- Key provisions:
- Regulation 3: Fees payable to the Public Guardian for specified applications/matters; payment on making the application/request
- Regulation 5: No refund of fees (subject to waiver/remission)
- Regulation 6: Public Guardian may waive wholly or in part fees in his discretion
- Schedule: Sets out the fee amounts for applications/matters (fees “specified opposite” the relevant application/matter)
- Notable amendments (timeline extract): Amended by S 525/2014, S 398/2016, S 530/2018, S 871/2022, S 163/2023, S 91/2024, S 758/2024 (effective 1 Oct 2024)
What Is This Legislation About?
The Mental Capacity (Public Guardian Fees) Regulations 2010 (“Fees Regulations”) govern the administrative fees payable to the Public Guardian under Singapore’s Mental Capacity framework. In practical terms, the Regulations set out how much applicants must pay when they make certain applications or requests involving the Public Guardian, and they address when those fees must be paid, whether fees are refundable, and the limited circumstances in which the Public Guardian may waive or remit fees.
These Regulations sit alongside the Mental Capacity Act 2008 (“MCA 2008”), which establishes the legal system for decision-making support for persons who may lack capacity. The Public Guardian plays a central role in that system, including maintaining registers and processing applications connected to court orders and deputyship arrangements. The Fees Regulations ensure that the Public Guardian’s administrative functions are funded through prescribed fees.
For practitioners, the key value of this legislation is predictability: it tells you the fee regime for specific Public Guardian processes, including the strict “no refund” rule and the discretionary waiver mechanism. This matters for advising clients on costs, planning applications, and managing expectations where an application is unsuccessful or withdrawn.
What Are the Key Provisions?
1. Regulation 3 (Fees and timing of payment)
Regulation 3 is the core charging provision. It provides that, subject to regulation 5, the fees payable to the Public Guardian for an application or a “matter” specified in the Schedule are the amounts set out opposite that application/matter in the Schedule. In other words, the Schedule is not merely illustrative; it is the definitive tariff.
Regulation 3(2) further requires that the fees must be paid by the person making the application or request on the making of the application or request. This is a procedural requirement with cost consequences: it means applicants cannot generally delay payment, and it supports the administrative processing of the request. For legal practitioners, this affects how you structure filings and client instructions—particularly where payment arrangements or internal approvals may otherwise cause delay.
2. Regulation 5 (No refund of fees)
Regulation 5 establishes a strong “no refund” principle. Subject to regulation 6, the Public Guardian must not refund any fee paid under the Fees Regulations, even if an application is unsuccessful or withdrawn, or if a search does not produce any relevant information.
This provision is particularly important in practice because it removes uncertainty about whether costs can be recovered if the outcome is negative or if the information sought is not found. The “search does not produce any relevant information” language indicates that the fee regime covers not only applications that lead to substantive outcomes, but also administrative searches. Practitioners should therefore advise clients that paying the fee is effectively a cost of the administrative process, not a contingent payment tied to success.
3. Regulation 6 (Waiver and remission of fees)
Regulation 6 provides a limited safety valve. The Public Guardian may, in his discretion, waive wholly or in part the fees paid or payable under the Regulations.
Two practical points follow from this wording. First, the waiver power is discretionary (“may … in his discretion”), meaning there is no automatic entitlement. Second, the waiver can apply to fees already paid or still payable (“fees paid or payable”), which can be relevant where a client’s financial circumstances change or where hardship is identified after an initial payment. However, because the discretion is not framed as a mandatory duty, practitioners should treat waiver as an exception requiring a reasoned application and evidence.
4. Regulation 4 (Deleted)
The extract indicates that regulation 4 was deleted by S 525/2014 with effect from 1 September 2014. While the deleted provision is not reproduced in the extract, its deletion suggests that the Regulations have been periodically refined—often to streamline procedures or adjust the fee framework. Practitioners should always check the current consolidated version when relying on older commentary.
How Is This Legislation Structured?
The Fees Regulations are structured in a conventional subsidiary legislation format:
Regulations 1–2 provide the citation/commencement and definitions. Regulation 2 defines “register” as the register of court orders appointing deputies established and maintained by the Public Guardian under section 31(1)(b) of the MCA 2008. This definition is relevant because some Public Guardian processes may involve searches or dealings with that register.
Regulation 3 sets out the fee amounts by reference to the Schedule and specifies the timing of payment (on making the application/request).
Regulation 4 is deleted.
Regulation 5 provides the no-refund rule.
Regulation 6 provides the discretionary waiver/remission mechanism.
The Schedule contains the fee tariff. The extract does not reproduce the actual fee amounts, but it states that fees are “specified opposite” the relevant application or matter. For legal work, the Schedule is the document you must consult to quantify costs for a particular Public Guardian process.
Who Does This Legislation Apply To?
The Fees Regulations apply to persons who make applications or requests to the Public Guardian under the MCA 2008 framework for matters covered by the Schedule. In practice, this typically includes individuals, family members, or representatives acting on behalf of persons who may lack capacity, as well as legal practitioners submitting requests connected to Public Guardian functions.
Because the Regulations focus on “fees payable to the Public Guardian,” the operative duty is on the applicant/requester to pay the prescribed fee at the time of making the application/request. The no-refund rule in regulation 5 applies regardless of the outcome (unsuccessful, withdrawn, or search yielding no relevant information), subject only to the discretionary waiver/remission under regulation 6.
Why Is This Legislation Important?
Although the Fees Regulations are relatively short, they have real consequences for cost management and procedural strategy in mental capacity matters. The Public Guardian’s role often intersects with court processes (for example, deputyship-related arrangements) and with administrative steps such as searches of registers. The fee regime therefore affects both the timing and the financial risk of initiating or pursuing these steps.
1. Predictable cost exposure
The “no refund” rule is the most significant practical feature. It prevents applicants from treating Public Guardian fees as refundable deposits. For counsel, this means advising clients upfront that paying the fee is generally the end of the financial story for that step—whether or not the application succeeds. This is especially important where clients are uncertain about the availability of information or the likelihood of success.
2. Discretionary relief requires proactive handling
Regulation 6 offers a potential route to reduce or eliminate fees, but it is discretionary. Practitioners should consider whether clients may qualify for waiver/remission based on financial hardship or other relevant circumstances (the precise criteria are not set out in the extract, and practitioners should consult the current Public Guardian guidance and the MCA 2008 framework). Importantly, because regulation 6 can apply to fees “paid or payable,” counsel may seek waiver either before payment (if feasible) or after payment where appropriate.
3. Compliance with payment timing
Regulation 3(2) requires payment on making the application/request. This affects how practitioners manage filing logistics and client authorisations. Delayed payment could jeopardise processing or create avoidable administrative friction. In cost-sensitive cases, counsel should also ensure that the correct fee amount is identified from the Schedule before submission.
Related Legislation
- Mental Capacity Act 2008 (Act 22 of 2008) — the authorising Act; establishes the Public Guardian’s functions and the broader mental capacity framework
- Mental Capacity Act 2008 (Timeline) — useful for tracking amendments and the evolution of the Public Guardian’s powers
Source Documents
This article provides an overview of the Mental Capacity (Public Guardian Fees) Regulations 2010 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.