Singapore to introduce Mental Capacity Bill as population ages
By S Ramesh, Channel NewsAsia | Posted: 14 August 2007 1425 hrs

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	Related News • Proposed Mental Capacity Bill to plug holes in current legislation

SINGAPORE: Singapore is taking another step to tackle the challenges that come with an ageing population.

The Ministry of Community Development, Youth and Sports (MCYS) is proposing the introduction of a Mental Capacity Bill, which will allow individuals to voluntarily make advance plans for their financial and personal welfare while they still have the capacity to do so.

They can do this through a Lasting Power of Attorney, which is a new statutory provision created by this Bill.

The number of dementia cases in Singapore is rising and the government believes it could reach 20,000 in five years' time.

Judy is a retiree who takes care of her 82-year-old aunt, whom she said refuses to admit she has dementia.

"Once she leaves the flat, she doesn't remember where she is. She will be taking a taxi, looking for that place. Some kind-hearted taxi driver or bus driver will have to bring her to a police station, go through her bag, find my phone number and call me," she said.

Currently, Singapore has the Mental Disorders and Treatment Act to help people like Judy's aunt.

Community Development, Youth and Sports Minister Vivian Balakrishnan said: "The problem with using that Act is that it only kicks in after you have been declared of unsound mind. The reality is - (deteriorating) mental capacity is usually a gradual process which may fluctuate with time. So we need a more flexible way of dealing with this problem."

The person that the individual chooses to manage affairs on his or her behalf is called the donee, and he or she can be a family member, relative, friend or a professional.

The donee will then make decisions on the person's behalf when he or she loses mental capacity to conditions like dementia, traumatic brain damage and stroke.

The Mental Capacity Bill will also allow parents of severely intellectually disabled children to appoint a deputy to help their children when they themselves become mentally incapacitated.

However, certain decisions cannot be made on behalf of a mentally incapacitated person under the Bill.

These decisions include consenting to marriage or sexual relations, executing, amending or revoking a will and making or revoking a CPF nomination.

Dr Balakrishnan said: "Don't wait till disaster has befallen you, don't wait till you are mentally incapacitated. Consider this Act as providing you an option to voluntarily appoint someone whom you trust to make decisions on your behalf, in your best interest in the future.

"I want to be true to the spirit that this is a voluntary scheme. We are simply providing empowering legislation which allows you to take advantage of this if you wish to do so.

"On the persuasion part, all I would say is, this is not something we would all like to think about... and there are many end-of-life issues we would rather avoid.

"But having worked in this area, both in the medical profession and now in politics, I realise that it is much better to be prepared, to think through these issues beforehand and to discuss it with our families and our closest friends."

A public consultation exercise on the Bill's provisions will begin on Wednesday, 15 August, till 31 October.

Singaporeans can give their feedback online at the REACH website.

During the extensive consultation exercise, MCYS also intends to get views from the medical and legal fraternities, as well as voluntary welfare organisations that deal with dementia cases.

MCYS expects the finalised legislation to be presented to Parliament within six to 12 months.

If the Bill is passed, it will not be backdated.


- CNA/ch/so