Singapore Mental Capacity Act

The Mental Capacity Act, implemented in 2010 after being enacted by Parliament in 2008, empowers individuals to appoint representatives who can make decisions on their behalf should they become mentally incapacitated in the future.

What is the Mental Capacity Act?

The Mental Capacity Act establishes a legal framework for situations where individuals may struggle to make decisions for their well-being. This law addresses concerns related to decision-making capacity arising from factors such as cognitive impairment, mental health issues, or other conditions.

Key Principles of the Mental Capacity Act

Section 3 of the Singapore Mental Capacity Act outlines five key principles to protect mentally incapacitated individuals:

• Presume an individual has capacity until proven otherwise.

• A poor choice by an individual should not be seen as a sign of decision-making weakness.

• If all practical steps to assist an individual in decision-making fail, they should not be deemed incapable.

• Acting on behalf of an incompetent person should prioritize their best interests.

• Consideration must be given to achieving the desired outcome while respecting the individual's rights.

Mental Capacity Act Role

The Mental Capacity Act plays a crucial role in safeguarding individuals struggling with decision-making difficulties. It provides a legal structure to ensure decisions made for those lacking capacity align with their best interests. The act introduces a layer of protection by allowing the court to supervise the actions of donees and deputies.

How to Assess an Individual's Mental Capacity?

Under Section 5 of the Mental Capacity Act, individuals are considered incapable if they fail to meet criteria related to comprehending, remembering, considering, and expressing choices regarding essential information.

How Does This Act Protect an Individual Who Lacks Capacity?

The purpose of this legislation is to balance the need to safeguard individuals who are unable to make decisions with their right to exercise autonomy.

Section 3 of the Mental Capacity Act outlines five principles that must be upheld when making decisions on behalf of someone who lacks capacity:

• People are presumed to have ability unless and until it is proven.

• Until all possible steps to assist an individual in making a decision have been made without success, that person should not be considered incapable of doing so.

• Just because someone makes an unwise decision doesn't mean that they are incapable of making decisions.

• Any action taken or decision made on behalf of an incompetent individual must be made with their best interests in mind.

• If an individual lacks capacity, their freedom and right to act should not be further restricted while acting or making decisions on their behalf.

What is the Protection Provided to Decision Makers?

As long as they have taken reasonable steps to ascertain that the person in question lacks the mental capacity to make decisions and that their acts are in the person's best interest, carers and professionals are protected from liability under Section 7 of the Act when carrying out their duties.

However, this protection is not available against:

• Liability for negligent actions or inactions

• Taking part in a clinical trial

• Using inappropriate restraint

• Any actions that fall outside the decision-makers scope

Who Can Be a Donee?

A family member or someone you trust who is capable of making choices and acting on your behalf can be considered a donee. A professional donee, which might be a person or an organisation, may also be paid to act in this role.

According to the Act, a donee can be either of the following:

• Someone over 21 who offers the services without receiving payment

• A professional donee who is not connected to the person through marriage or blood

• A professional donee who is not an individual may also be the donee if the powers pertain to the person's assets and affairs.   

Note: Donees must perform their role with reasonable skill and care. A higher level of care and expertise is required of those who get payment for their services.

Who Can Be the Deputy?

• Someone over 21 who offers the services without receiving payment

• A professional deputy who is not connected to the person by marriage or blood

• In cases where the powers pertain to an individual's property and affairs, a professional deputy who is not an individual may also serve as the deputy

• The deputy can be a friend, relative, or other trusted individual as long as they are at least 21 years old, in good health, and not insolvent.

Who Manages the Deputies and Donors?

The code of practice shall serve as a guide for all appointed persons as they carry out their responsibilities. All LPAs and deputies are included in a register maintained by the Office of the Public Guardian. Court-appointed deputies will be overseen by the Public Guardian, who will also manage any complaints regarding designated donors or deputies.

Frequently Asked Questions (FAQs)