The Singapore Family Physician
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                                    Vol 35 No. 3 - Mental Capacity Act and Code of Practice
                                
                            
                        
                    
                    Overview of the Mental Capacity Act (2008)
                            
                                
                                    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.