Originating Application for Mental Capacity Act
PreviousOriginating Application for Permisison to Divorce without PPDNextOriginating Application for Presumption of Death & Divorce
Last updated
Last updated
(1) Case Information
Adding a Case Party
Fig 1. Click on “Add Party”. You will need to add at least one party in order to proceed with the rest of the application.
Fig 1a. Enter all the mandatory information. Click “Save” when you are done.
Application
Fig 2. Declare the anticipated status of the Originating Application, with regards to whether it will be served out of jurisdiction.
Fig 3. Click “Add Nature of Case” to begin adding any applicable Nature of Cases to your application.
Fig 4. Select the nature(s) that are applicable to your application. You may select more than one nature. Click “Add” to finish adding the nature(s).
If you select “Others”, you will need to enter the specific Section number of the Mental Capacity Act that you wish to enforce.
Fig 6. Click “Add” to begin adding any applicable Acts of Parliament / Legislation to your application.
Fig 7. Select the legislations that are applicable to your application.
Fig 7a. You will need to provide specific details on the Act you wish to add. Provide the Provisions or Sub Provisions of that Legislation that are applicable to your application. Click “Save” to finish adding the Act.
Fig 8. The specified Act will be added to the table.
Fig 9. Click “Add Other Matters” to begin adding other matters that are applicable to your Application.
Fig 10. A row will be added for you to detail the matter that needs to be addressed.
Click the “Add Other Matters” button again to add more rows.
Note:
To proceed with the Application, Nature of Cases cannot be added together with Acts of Parliament / Legislation.
“In the matter of [P’s Name] [ID Number], a person alleged to lack capacity "P"” will be auto generated for you in the title in action of the Originating Application. You do not need to add it.
Endorsements
Fig 11. Indicate the type of Originating Application filing.
Deputy Details
Fig 12. Select if you would like to ask for a deputy to be appointed.
If “Yes” is selected, proceed to Fig 12a.
If “No” is selected, proceed to P’s / Donor’s Information (Fig 13).
Fig 12a. Click “Add Deputy” to begin adding the details of a new Deputy to your application. Click “Add Existing Party as Deputy” if you would like to add a party entered earlier in the “Party List” section as a deputy.
If “Add Deputy” is clicked, proceed to Fig 12b.
If “Add Existing Party as Deputy” is clicked, proceed to Fig 12c.
Fig 12b. Provide the following information of the Deputy to be added, then click “Add” to add the entered Deputy into the table of Deputies:
Deputy Information
Name
Date of Birth
Identity Type
Identification No.
Country of Issue
Occupation
Monthly Income
Nature of Deputyship
Address Type
Local Address
Foreign Address
Contact Details
Local Contact
Foreign Contact
Mobile Number
Employer Details
Name of Employer
Address Type
Local Address
Foreign Address
Fig 12c. Select the party that you would like to add as a Deputy, then click “Add” to add them to the table of Deputies.
P’s / Donor’s Information
Fig 13. Provide the following information of the person that is incapacitated:
Name
Date of Birth
Identity Type
Identification No.
Country of Issue
Nature of Incapacity
Marital Status
Type of Accommodation
Address Type
Local Address
Foreign Address
Not Available
Fig 14. State if the person is residing at an organisation that provides residential accommodation.
Fig 15. State if a Notice of Proceedings needs to be generated for service on any Relevant Persons.
Relief(s) Claimed
Fig 16. Click on “Add Prayers” to begin adding details of the relief(s) sought by the Applicant.
If you had selected the option(s) “Appointment of Deputy or Court to make decision on behalf of P (section 20)” and/or “Appointment of Deputy or Court to make decision on behalf of P (minors) (section 21)” as the Nature of Case (refer to Fig 4), the reliefs will be auto generated for you. You can edit, where necessary.
Supporting Documents
Fig 17. Click “Add Document” to add supporting documents.
Fig 17a. Enter the number of “Other document” that you wish to add, and click “Add”.
(2) Forms
Fig 18. Click the
Fig 19. You will be presented with an eForm.
Fig 19a. To initiate the signing process, click the “Confirm” button located at the bottom of both eForms. Proceed to Fig 21.
Fig 20. Enter the necessary details on the deponent info. To upload documents, click “Browse Files to upload”. Select the relevant file from the browser dialog box, and click “Upload”.
Fig 21. The row of the eForm will be updated with new buttons.
Click the “Finalise Document” button to start the signing process. The “Finalise Document” button will only be enabled after all eForms are confirmed and all documents to be uploaded in Step 2 have been uploaded.
Fig 21a. The row of the eForm will be updated with new buttons if the document requires a signature. You may choose either digital signing or offline signing.
You will be taken to the Document Signing Service (“DSS”) portal.
Please refer to "eLitigation FAQ > Document Signing Service (DSS) Guide for eLitigation Users > How do I request signatures with DSS?" for a step-by-step guide on how to sign your documents with DSS.
DSS will pre-populate the list of signers based on the details in the Case Information section. Do check that the list of signers is correct before proceeding. You can add or remove the signers, if necessary.
The eForm in Step 2 will automatically be made available in DSS for online signing.
Fig 21b. A new row will be displayed.
Upon successfully completing the signing procedure (regardless of which method was chosen) or if none of the documents require a signature, the “Next” button should be enabled. Click on the “Next” button to proceed to Step 3: Admin Details.
(3) Admin Details
Fig 22. In Step 3: Admin Details, indicate any urgent processing, special request or waiver required. You can also opt to eServe the documents to another law firm.
(4) Submission
Fig 23. In Step 4: Submission, review all information and documents before submission. Upon acceptance / approval by Court, the documents will be sent to your eLitigation inbox.
Fig 5. The selected Nature of Cases will be added to the table. Click the icon in any row to remove the corresponding Nature of Case.
Click the icon in any row to remove the corresponding matter.
Fig 16a. Enter the Prayer Title and enter the relief sought in the text box. Click on “Add Sub Prayers” to continue adding more reliefs sought, or click on the icon to delete the corresponding reliefs.
Fig 17b. Click “Choose File” to select the file from the browser dialog box. Click the icon to upload the document. Provide information regarding the “Other document” in the text box.
• icon to view the eForm and proceed to Fig 19. The eForm will be generated based on the details provided in the Case Information section. If you would like to attach supporting documents to the case, click “Add Document”.
• the icon to upload documents and proceed to Fig 20.
To change the information in the generated form, click “Previous” to return to the Case Information section and amend the information first. Then click the button in Step 2 to generate a new form with the updated details. Then click the “Confirm” button located at the bottom of the eForm.
To start digital signing, click the button.
To start offline signing, click the button to download the document and proceed to Fig 21b.
• You will no longer be able to make changes to the data in the form. If you wish to make changes to the data, click the “Cancel Finalised Document” button. All previously signed documents will be removed from Step 2. Return to Step 1 to make changes to the data and then return to Step 2 and click to regenerate the eForms based on the updated data. You will be required to confirm all the eForms again to activate the “Finalise Documents” button again.
• If you wish to retract the offline signing, click on the icon.
• Click the button to upload the manually signed copy.