MENTAL CAPACITY ACT SINGAPORE
PKWA Law can assist you to apply to court to be appointed as a Deputy if your family member has lost mental capacity and does not have a Lasting Power of Attorney.
What is the Mental Capacity Act?
The Mental Capacity Act was passed in Parliament in 2008 to allow Singaporeans to appoint family members or persons whom they can trust to make decisions on their behalf if they lose their mental capacity in the future.
The Act encourages Singaporeans who wish to make advance plans for themselves to do so through the Lasting Power of Attorney (LPA). With the LPA, an individual (known as the “donor”) can appoint a person (known as a “donee”) to make decisions relating to his property and financial affairs, personal welfare, healthcare when he loses his mental capacity.
Who are persons with inability to make decisions?
A person is unable to make a decision for himself if he is unable to:
- understand the information relevant to the decision;
- retain that information;
- use or weigh that information as part of the process of making the decision; or
- communicate his decision (whether by talking, using sign language or any other means).
If a person loses his mental capacity before he has a chance to make a Lasting Power of Attorney, the Act requires that a Court order be granted to allow someone to act on that person’s behalf. The person (called a Deputy) is then authorized by the court order to make decisions and to sign documents on behalf of the person who has lost mental capacity.
What is the Lasting Power of Attorney
ABOUT PKWA FAMILY LAW
At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore family lawyers by respected independent legal publications such as Asian Legal Business, Singapore Business Review, Global Law Experts and Doyle’s Guide to Singapore Family Lawyers.
Contact us at tel 6854-5336 for a free first consultation.