MPs raise concerns over new laws under Mental Capacity Act
SINGAPORE — As the Government passed new laws to allow individuals to hire professionals to make decisions on their behalf should they lose mental capacity, a number of Members of Parliament (MPs) expressed concerns about the cost and complexities of applying for such donees and deputies.
Through the Lasting Power of Attorney (LPA), individuals who still have the capacity may elect a donee, usually a family member or close friend, to act on their behalf if they are unable to make a decision for themselves because of an impairment or disturbance in mind or brain functions.
A deputy is appointed by the courts if the individual has lost capacity and has no LPA.
Under the newly-amended legislations in the Mental Capacity Act, professional deputies — who include those from licensed trust companies, lawyers and accountants — may now be appointed by the court for a fee.
Likewise, a professional donee may also be appointed and paid, and include professional deputies registered with the Public Guardian or certain classes of people, such as those from the licensed trust companies.
While the registration framework is still being finalised and no timeline has been set, the Ministry for Social and Family Development said that it would not control the fees that these professionals would charge.
Speaking in Parliament yesterday, Minister for Social and Family Development Tan Chuan-Jin said these changes were a response to a small and increasing number of aged singles, or childless aged couples, who may not have family members or close friends to be their proxy decision-makers.
Last year, there were about 26,500 single residents aged 65 and above, or about 5.7 per cent of the aged resident population here.
Many of the nine MPs who weighed in on the amendments yesterday called for fee guidelines and lower costs for the applications under the Act.
Non-constituency MP Dennis Tan said that these professionals’ services should be kept affordable and accessible, and suggested that the ministry or the courts control and regularly review their fees.
Others were concerned that the process of appointing donees or deputies is tedious, particularly for the parents of special needs adults, and asked that it be further simplified, though MP Rahayu Mahzam (Jurong GRC) pointed out that the process needs to be “sufficiently rigorous” to ensure proper checks, and the courts get sufficient information.
Addressing their concerns, Mr Tan Chuan-Jin said that he intends to put up a “robust set of criteria”, where the deputies should have sound financial standing and no criminal record, for example.
His ministry would not control fees nor impose a fee cap, which could deter competent service providers, he added, but pro bono, low-cost or financial help would be available to low-income individuals. There are now 18 panel deputies who offer pro-bono services.
To prevent exploitation and abuse, the new laws will allow the courts to revoke a donee’s or deputy’s powers if they carry a significant risk, such as being convicted of an offence.
The courts will also be able to suspend their powers during investigations, which was not possible before the amendments. Siau Ming En
