The Singapore Family Physician

Back to issue Vol 35 No. 3 - Mental Capacity Act and Code of Practice

Overview of the Mental Capacity Act (2008)

Cynthia Chan
The Singapore Family Physician Vol 35 No 3 - Mental Capacity Act and Code of Practice
8 - 11
1 July 2009
0377-5305
Singapore’s population is ageing rapidly. As our society ages, we expect a corresponding rise in dementia. At the age of 65 years, one in 20 may have dementia and the incidence could be as high as one in 10 by the age of 75 years. We would feel much safer if we knew that the person whom we were going to depend on at that point in time was someone whom we had chosen when we had the capacity to choose - someone whom we could trust and rely on and someone who was willing to undertake that burden.Today, under the Mental Disorders and Treatment Act (MDTA), a Committee of the Persons or Estate may only be appointed by the Court to manage the personal welfare and finances of an individual of “unsound mind”. This Act has no provisions to allow individuals to plan ahead in appointing someone to tend to their affairs, should they lose capacity.The Mental Capacity Act (MCA) on the other hand gives individuals that choice. Passed by Parliament in September 2008, the MCA empowers individuals while they still have capacity, to plan in advance for a time when they may lack the capacity to make decisions for themselves, with respect to the areas of personal welfare and financial matters. Even if the individual does not choose to elect a proxy decision maker in advance, applications can be made to the Court to appoint a deputy to make decisions on an individual’s behalf, when he loses his capacity. The MCA also enables parents of a child with intellectual disabilities to appoint a deputy to oversee the child’s welfare and financial matters. Under the Act, individuals who wish to make advance plans for themselves can do so through a new statutory document known as the Lasting Power of Attorney (LPA). In the LPA, the individual (donor) can appoint a proxy (donee) to act or make decisions on his behalf for matters relating to his personal welfare and/or property and finances.