01⬡ JUDGMENT
SGHCF in A v R [2026] SGHCF 18 clarifies that s 17(3)(b)(ii) of the MCA 2008 does not permit revocation of a donee's appointment based on conduct occurring prior to the appointment.
The court addressed whether allegations of a donee's past misconduct were relevant to grounds for revoking an appointment based on conduct contravening authority or not being in the donor's best interests. Applying a purposive approach, the court held that s 17(3)(b)(ii) of the MCA 2008 is subject to a temporal limitation, meaning only conduct occurring after the appointment can be considered.
Why it mattersThis establishes a temporal boundary for assessing a donee's fitness to serve, protecting the donor's autonomy by preventing the use of pre-appointment history to invalidate a chosen appointment.
JUDICIARY
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