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Mental Capacity Act

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Mental Capacity Act
Mental Capacity Act

The Mental Capacity Act was passed in 2008 in Parliament so that Singaporeans can appoint proxy decision-makers before they become mentally incapacitated by illnesses like dementia or brain damage. The Act, which came into force on 1 March 2010, is broadly modelled on the UK’s own Medical Capacity Act 2005 (Gillespie, 2010) and individuals can do so through a new statutory mechanism called "Lasting Power of Attorney" or LPA – which enables adult individuals to prospectively appoint one or more persons they trust, to act and make decisions in their best interests, in the event that they should lose mental capacity (MCYS 2010). Many have welcomed it as a timely measure to address the social realities of a fast ageing population in Singapore. But the significance of the Act is more than a social legislation; it is also for the citizens to appreciate the essential value of the Act as an affirmation of: (i) respect for an individual’s autonomy, (ii) empowerment, and (iii) universality. (MCYS 2010)

The Act enables people to plan ahead and gives them the power to make choices for their future before they lose their mental capacity (MCYS 2010). The Act applies to everyone who deals with a person over 21 years old who lacks mental capacity to make specific decisions (MCA 2008). Doctors have often make decisions on behalf of patients who are not able to do so either because of their mental or intellectually disabilities, and this new legislation clarifies this approach in the form of statute law (Gillespie, 2010).

With the new Act in place, it poses some medical and legal challenges (Chan 2010). The Act is a piece of legislation that deserves serious ethical attention, but much of the commentary on the Act has focussed on its legal and practical implications rather than the underlying ethical concepts (Hope, Slowther & Eccles, 2009). Hope, Slowther & Eccles (2009) highlighted the fact neither the Act nor its Code of Practice provides sufficient



Bibliography: Basu, R. (2010) Protect dementia patients like we do our children The Straits Times 19 August 2007 Chan, W C (2010) Challenges surrounding Mental Capacity Act, The Straits Times 19 May 2010 Chong, A. (2008) Lighting a way out of mental illness The Straits Times 14 October 2008 Code of Practice Mental Capacity Act 2008 Ministry of Community Development, Youth and Sports Cowan, J (2007) "Are we prepared for the Mental Capacity Act?", Clinical Governance: An International Journal, Vol. 12 Iss: 1, pp.64 – 70 Dimond, B Dimond, B. (2008) The Mental Capacity Act 2005: children and young persons British journal of nursing (Mark Allen Publishing), 2008, Vol.17(4), pp.248-50 Dimond, B Gillespie, G (2010) Assessing mental capacity Medical Protection Society Asia Casebook Vol. 18 no. 3, September 2010 Griffith, R Griffith, R. & Tengnah, C. (2008) Mental Capacity Act 2005: advanced decisions to refuse treatment British journal of community nursing, Aug, 2008, Vol.13(8), pp.391-4 Griffith, R Griffith, R. & Tengnah, C. (2008) Mental capacity act 2005: lasting powers of attorney British journal of community nursing, Dec, 2008, Vol.13(12), pp.577-81 Griffith, R Griffith, R. & Tengnah, C. (2008) Mental Capacity Act: determining best interests British journal of community nursing, Jul, 2008, Vol.13(7), pp.335-41 Griffith, R Halliday, S (2009) Advance decisions and the Mental Capacity Act British journal of nursing (Mark Allen Publishing), 2009, Vol.18(11), pp.697-9 Harris, D Koh, D. (2011) How to be prepared for mental incapacity The Straits Times 14 March 2011 Ling, G Lum, S (2008), Woman, 92, ordered to take mental test, The Straits Times 13 December 2008 Mathavan, S Menon, S (2009) The Mental Capacity Act (2008): Code of Practice, The Singapore Family Physician Vol 35 No 3 Jul-Sep 2009:18 Ng, G (2010) Woman 's bank account closed without her knowledge my paper 06 September 2010 Popatlal, A (2008) Draft Mental Capacity Bill to be fine-tuned following feedback Channel NewsAsia 06 March 2008 Popatlal, A Quek, C. & Ang, YY.. (2010) 40 people appoint proxy decision makers The Straits Times 24 May 24 2010 Ramesh, S (2007) Singapore to introduce Mental Capacity Bill as population ages, Channel NewsAsia 14 August 2007 Sim, M (2010) Mental Capacity Act kicks in next month The Straits Times 13 February 2010 Sim, M Tan E. L (2010) Experts warn Asia dementia patients of fraud scams Reuter 23 October 2010 Tan, L Wong, M. (2010), Mental Capacity Act will kick in next month, Channel NewsAsia 12 February 2010 Wong, R Yee, M (2009), Mental Capacity Act: What’s in it for me? The College Mirror - June 2009: Vol 35(2)

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