New law allows Singaporeans to appoint proxy decision makers

Monday September 15 2008
By May Wong, Channel NewsAsia

SINGAPORE: A law has been passed to allow Singaporeans to appoint proxy decision makers before they become mentally incapacitated by illnesses like dementia or brain damage.

The Mental Capacity Bill was passed in Parliament on Monday. The Act will come into effect when the Office of Public Guardian is set up and the Code of Practice is ready in about a year's time.

Under the Act, Singaporeans who wish to make advanced plans for themselves can do so through a new statutory mechanism called the Lasting Power of Attorney (LPA).

With the LPA, an individual (known as the "donor") can appoint a proxy (known as a "donee") to make decisions relating to his property and financial affairs, personal welfare and/or healthcare when he loses his mental capacity. The donee appointed can be a family member, relative or a trusted friend.

One in 20 Singaporeans may suffer from dementia at the age of 65. With the legislative changes passed, the High Court will also be able to make wills on behalf of a person who is incapacitated.

Dr Vivian Balakrishnan, Minister for Community Development, Youth and Sports, said: "When a person who has not made his will and then subsequently loses his capacity, and if he has got quite a fair bit of assets that need to be distributed, and where it is apparent from his circumstances that distribution of his assets according to the laws of intestacy - that means according to circumstances where no will is made - would lead to inappropriate, unfair or unjust outcomes, then there is an advantage in allowing an application to the High Court for the court to step in and decide in an objective and fair manner how these assets ought to be distributed in the person's best interests."

"This, I believe will clarify misapprehensions and prevent possible future disputes or tensions among family members. Family members can then focus on looking after the well-being of the mentally incapacitated person," he added.

Another example is how parents can apply to the High Court to appoint a deputy to make decisions for their intellectually-disabled child. There will be safeguards in place - with a new Office of Public Guardian to help protect those who lack capacity.

Among its responsibilities, the Office will supervise court-appointed deputies and provide information to families - like what to consider when choosing who may act as a donee.

As part of the protection, the Bill will also make it a criminal offence to ill-treat or neglect the mentally incapacitated person. Any caregiver or donee found guilty of such an offence can be jailed or fined or both.