The Ministry of Social and Family Development (MSF) received 24 feedback inputs to the proposed changes to the Mental Capacity Act, with the majority expressing support. Other than individuals, groups such as Association of Banks in Singapore, the Law Society of Singapore and Life Insurance Association Singapore shared their feedback during the public consultation period from 7 to 28 December 2015.
Contributors were in favour of introducing professional donees and professional deputies, in view of rising singlehood and increased numbers of elderly living alone. Nonetheless, contributors emphasised that family should remain as the first line of support and care, with professionals coming in only if family members were unwilling, unable or unavailable.
They were also supportive of the two proposals to revise the grounds where the Court can revoke a Lasting Power of Attorney or deputyship order, and to allow the Court to temporarily suspend a donee's or deputy’s powers in the absence of a pending Court application. Such a move would better protect the interests of mentally incapacitated individuals. Suggestions from banks and insurance companies on operational matters will be taken into account when implementing the amendments.
There were also specific suggestions from contributors to enhance protection for mentally incapacitated persons and provide more support for families caring for mentally incapacitated individuals.
MSF would like to thank members of public who provided feedback. MSF will consider all feedback in our review of the proposed Bill. The summary of responses can be found on REACH website and the document appended below.
Download: Public Consultation on Mental Capacity Act Amendments - Summary of Feedback
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About the Mental Capacity Act
The Mental Capacity Act was enacted in 2008 to put in place a legal framework for proxy decision-making that safeguards the interests of individuals who lack mental capacity. To guard against abuse of persons who lack mental capacity by their proxy decision-makers, the Public Guardian is also tasked to supervise deputies and investigate complaints pertaining to the exercise of donees' and deputies' powers.
