More support for mentally-incapacitated individuals, families
SINGAPORE — The Mental Capacity Act (MCA) will be updated by the end of this year to better support mentally-incapacitated individuals and their families, Social and Family Development Minister Chan Chun Sing told Parliament yesterday.
The amendments include a simplified and cheaper process for family members to be appointed as deputies to act for individuals who do not have the mental capacity to grant a Lasting Power of Attorney (LPA). The LPA is a legal document that allows one to appoint a trusted person, known as “donee”, to make key decisions on his behalf if he loses his ability to do so.
A panel of deputies will also be appointed to act on behalf of mentally- incapacitated individuals with modest assets but no family support, Mr Chan said. The panel currently comprises 16 members, including accountants, lawyers and social workers.
Acknowledging the concerns of Ms Sylvia Lim, Aljunied GRC Member of Parliament and Workers’ Party chairman, that elderly applicants may be unduly influenced by others to the detriment of their own interests, Mr Chan said his ministry will consider her suggestions as part of an ongoing process to review and update the MCA.
Ms Lim’s suggestions include reinstating the requirement for each LPA certificate issuer to specifically ask if the applicant wants to inform someone of the application and for the issuer to indicate in the LPA how long he has known the applicant or how he formed a reliable opinion of the applicant’s mental capacity.
Mr Chan noted that the simplification of the LPA forms in July has led to a more than 30 per cent increase in applications and served the vast majority of the people well.
With an increasing number of the LPAs being drawn up amid an ageing population here, there is a need to balance between having a system that caters to the needs of the majority and incorporating risk-management practices to “flag outliers”, he said.
Amendments to the MCA will complement the proposed Vulnerable Adults Act (VAA), aimed at plugging gaps in legislation by giving social workers the powers to intervene and appoint public deputies to act on behalf of vulnerable adults, often the elderly, who are unable to care for themselves.
To be enacted by the end of this year, the VAA will give the authorities powers to conduct social investigations, enter homes and relocate vulnerable adults, if necessary. Family members will also be able to apply for “intervention orders”.
