Singapore to introduce Mental Capacity Bill as population ages

From Channelnewsasia.com, 14 August 2007:

The Ministry of Community Development, Youth and Sports (MCYS) is proposing the introduction of a Mental Capacity Bill, which will allow individuals to voluntarily make advance plans for their financial and personal welfare while they still have the capacity to do so.

… The number of dementia cases in Singapore is rising and the government believes it could reach 20,000 in five years’ time.

… Currently, Singapore has the Mental Disorders and Treatment Act to help people like Judy’s aunt.

Community Development, Youth and Sports Minister Vivian Balakrishnan said: “The problem with using that Act is that it only kicks in after you have been declared of unsound mind. The reality is - (deteriorating) mental capacity is usually a gradual process which may fluctuate with time. So we need a more flexible way of dealing with this problem.”

The Mental Capacity Bill will also allow parents of severely intellectually disabled children to appoint a deputy to help their children when they themselves become mentally incapacitated.

However, certain decisions cannot be made on behalf of a mentally incapacitated person under the Bill.

These decisions include consenting to marriage or sexual relations, executing, amending or revoking a will and making or revoking a CPF nomination.

A public consultation exercise on the Bill’s provisions will begin on Wednesday, 15 August, till 31 October.

MCYS expects the finalised legislation to be presented to Parliament within six to 12 months.

If the Bill is passed, it will not be backdated.

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