Pro Bono: Mental Capacity

1. Family Justice Courts
a. Deputyship
The Family Justice Courts appoints a Deputy who is given authority to make decisions on behalf of a person who lacks mental capacity in relation to his personal needs and financial affairs.

Add: Mental Capacity Registry, Family Justice Courts@Maxwell Road, 5 Maxwell Road, #04-00 Tower Block, MND Complex, Singapore 069110
Tel: +65 6325 7619
Filing deputyship application:

• simplified process
• standard process.

b. Vulnerable Adults
A Vulnerable Adult (VA), a VA’s family member or a VA’s donee or deputy, may apply for an Order to protect himself/herself or the VA against future abuse or neglect by the person against whom an order is sought to be made.

Add: Family Protection Centre, Family Justice Courts@Havelock, Level 1, 3 Havelock Square, Singapore 059725
Tel: +65 6435 5471
Filing application for protection: https://www.judiciary.gov.sg/family/apply-to-protect-vulnerable-adult#file

2. Office of the Public Guardian
The Public Guardian carries out various functions towards enabling and protecting persons who lack capacity. These include:

• setting up and maintaining a register of Lasting Power of Attorney ("LPA")
• setting up and maintaining a register of Deputies appointed by court
• supervising deputies
• receiving reports from Donees and Deputies
• investigating any alleged violation of any provision in the MCA, including complaints about the way in which Donees and Deputies are exercising their powers.

Add: Family@Enabling Village, 20 Lengkok Bahru, #04-02, Singapore 159053
Tel: 1800 226 6222 (Toll Free)
Email: enquiry@publicguardian.gov.sg

3. Registrar of Advance Medical Directives
An Advance Medical Directive (AMD) is a legal document that you sign in advance to inform the doctor treating you (in the event you become terminally ill and unconscious) that you do not want any extraordinary life-sustaining treatment to be used to prolong your life. Anyone who is 21 years old and above, and of sound mind can make an AMD. An AMD should be registered with the Registrar of AMD at the Ministry of Health in order to be validly recognised. 

Add: Ministry of Health, College of Medicine Building, 16 College Road, Singapore 169854
Tel: + 65 6325 9136
FAQ: Brochure

Refer to the following statutes and related subsidiary legislation on Singapore Statutes Online:

• Advance Medical Directive Act 1996
• Family Justice Act 2014
• Human Organ Transplant Act 1987
• Mental Capacity Act 2008
• Termination of Pregnancy Act 1974
• Vulnerable Adults Act 2018

See also:

• Code of Practice: Mental Capacity Act (Cap 177A)
• Family Justice Courts Practice Directions (in particular Part XI and Part XIIA; Appendix A Forms 64A-H and 217-224)
• Supreme Court Practice Directions 2013 (Part XXI)

A. Advance Medical Directive

Forms published by the Ministry of Health:

• Making of Advance Medical Directive (Form 1)
• Notice of Revocation of Advance Medical Directive (Form 3)

B. Lasting Power of Attorney

Office of the Public Guardian: Forms
Forms relating to the lasting power of attorney.

C. Deputyship

Office of the Public Guardian: Forms
Deputy report forms and forms for professional deputies.

SG Courts: Forms
Under "All topics" menu bar, scroll down to Deputyship. Various forms available including:

• Affidavit – Deputyship (Form 218)
• Originating Summons for Mental Capacity Proceedings – Deputyship (Form 217)
• Notice to Relevant Persons – Deputyship (Form 222)

D. Mental Capacity

Family Justice Courts Practice Directions: Appendix A
Forms 217 - 224 relating to applications under the Mental Capacity Act.

SG Courts: Forms
Search for forms using the keyword "mental capacity":

• Mental Capacity Assessment Report – Vulnerable adult (Form 64A)
• Originating Summons for Mental Capacity Proceedings – Deputyship (Form 217)

E. Vulnerable Adults

Family Justice Courts Practice Directions: Appendix A
Forms 64A - 64H

SG Courts: Forms
Under "All topics" menu bar, scroll down to Vulnerable adults:

• Consent of vulnerable adult – Vulnerable adult (Form 64F)
• Mental Capacity Assessment Report – Vulnerable adult (Form 64A)

A selection of guides and books on mental capacity, deputyship and LPA:

A. Guides

Deputy Applications Under the Mental Capacity Act - Writing the Medical Report
Article by Lim Hui Min, Director of the Legal Aid Bureau which provides guidance on writing the medical report which needs to be exhibited in a doctor’s affidavit accompanying the deputy application. See also:

• Medical Reports Supporting Deputy Applications - Encouraging the Good, Rescuing the Bad
  Guidelines for the lawyer who is reviewing the medical report to ensure its adequacy and that it is not in danger of being rejected by the court. Article by Lim Hui Min.
• Legal Medicine: Assessing Mental Capacity & Writing Medical Reports for Deputy Applications. 
  Article by Lim Hui Min, Goh Lee Gan and T Thirumoorthy which sets out best practices for performing the assessment of mental capacity and writing the medical report, common errors, and issues of concern.

The Deputyship Regime Under Singapore's Mental Capacity Act: An Introduction
Article published by Allen Sng Kiat Peng and Kah-Wai Tan which provides a map for those who wish to be acquainted with the deputyship regime. It also examines the practical issues that litigants-in-person have faced and considers some solutions to help them.

B. Books

Search for more books on mental capacity and mental health law in our library catalogue, LINC: https://linc.nus.edu.sg/search/