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SINGAPORE: While the Mental Disorders and Treatment Act offers some protection for the elderly who have lost their mental capacity, it is not as extensive and flexible as it should be.
Last year, there were over 200 applications to the High Court, asking it to appoint a committee of estate or persons for individuals who have lost their mental capacity.
One of the major shortcomings in the current law is that a proxy decision-maker is appointed only after one is mentally incapacitated.
Under the proposed Mental Capacity Bill by the Ministry of Community Development, Youth and Sports (MCYS), individuals will be allowed to appoint someone they trust to look after their financial or personal welfare while they are still mentally capable.
Certain safeguards are also in place in the proposed Bill – such as, the person that the individual chooses to manage affairs on his or her behalf (called the donee) cannot make decisions that include consenting to marriage or sexual relations, executing, amending or revoking a will and making or revoking a CPF nomination.
Another problem with the current law is that an individual is declared to be either of sound or unsound mind – there is no middle ground in the matter.
The proposed new law will ensure more flexibility for individuals with medical conditions such as dementia, which is a gradual process of mental deterioration.
Ellen Lee, who has been a family lawyer for over 20 years, said this is an emotional issue.
One clear advantage is that a person would now be able to discuss his or her plans with the nominated person, before anything happens.
But the tricky part comes in when different family members are involved and questions are asked about the extent of responsibility and quality of care needed.
Ms Lee gave some examples of questions that will likely be posed by the donee: "How long do I have to take care of this person? Do I go on a rotating basis if I have other siblings, for instance, and other next of kin? Is it by months, by weeks or by years?
"If I agree now, can I subsequently revoke my agreement? Then who is going to be my substitute? Does it mean I can't get out (of it) if I don't get a substitute for this person?
"How many times do I have to bring in a doctor to ensure that this person is doing okay under my care, to make sure I don't run foul of the penal provisions?"
With the proposed changes, it does not mean that the person appointed to act on behalf of another can undermine the authorities.
The proposed changes will make it a crime – that carries a jail term or a fine – to wilfully neglect or ill-treat a mentally incapacitated person.
- CNA/so
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