A court must apply a two-tier process in mental capacity inquiries: first determining if a prima facie case exists, then allowing the subject an opportunity to rebut the allegations before deciding whether to order a full formal inquiry into their mental state and capacity to manage affairs.

Anand Ponnudurai J:

GROUNDS OF DECISION

Introduction

[1] This was an application by the Applicant (A), being the eldest son of the Respondent (R), pursuant to Section 52Mental Health Act 2001“MHA 2001”) for this Court to make an order inter alia directing an inquiry to determine whether R who is his 83 year old father is mentally disordered and incapable of managing himself and his affairs due to such mental disorder.

[2] Five (5) younger siblings of A via their Notice of Application in Enclosure 5 dated 14^th October 2025 applied to intervene in these proceedings on the basis that their legal interests would be affected and that, as relatives, they too should be involved in the proceedings. Affidavits in support as well as an affidavit of objection by A were filed.

[3] Having considered all matters, this Court had on 15^th January 2026 allowed the five (5) siblings to intervene to which there has been no appeal filed by A. After allowing the application to intervene, and having considered the evidence adduced thus far in the affidavits, this Court informed parties that it was minded to merely order an inquiry to be conducted to assess the mental health of R and make no further orders at that stage. In fact, both parties then agreed that the interveners would arrange to send R to be examined by a registered and qualified doctor at Tung Shin Hospital, Kuala Lumpur as soon as possible with the aim of obtaining a report on his mental state.

[4] Surprisingly, and despite having agreed to take R for such medical examination, the five (5) siblings/interveners have now appealed against that decision, and as such, I will set out the background facts and the reasons for my decision.

Background Facts

[5] The Applicant, filed this Originating Summons on 22^nd August 2025 seeking the following Orders:

a.That an inquiry be ordered to determine whether Low Kim Hong (NRIC No.: 420807-10-5139), the named Respondent, is a person of unsound mind and incapable of managing himself and/or his affairs.

b.A declaration that Low Kim Hong (NRIC No.: 420807-105139), the named Respondent, is suffering from a mental disorder and is incapable of managing himself and/or his affairs.

c.That the Applicant, namely Low Shee Kian (NRIC No.: 700309-10-5271), the biological child of the above-named Respondent, be appointed as committee of the Respondent and the Respondent’s estate pursuant to Sections 58596364Mental Health Act 2001

d.That the above-named Applicant be appointed as the lawful guardian of the Respondent.

e.That the Applicant be granted leave to sell, transfer, charge/mortgage or otherwise dispose of such properties from time to time as the Applicant deems fit for the purpose of settling the Respondent’s debts, discharging any encumbrances over the Respondent’s estate, and making payment and/or provision for the maintenance, welfare and healthcare of the Respondent, including payment of any costs relating to the Court.

f.That the Applicant be granted full authority as a continuing representative and/or such reasonable powers to sign any and all documents relating to the management and administration of medical and welfare matters, including selling, transferring, mortgaging, liquidating any movable and immovable assets, liabilities, goodwill and partnerships, and any other dealings relating to the Respondent in carrying out his duties as committee and guardian of the Responde