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Pro Bono: Mental Capacity

Introduction

Information on the systems in place to protect the dignity and interests of individuals who lack mental capacity, including:

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Acknowledgement: Special thanks to Joel Leow Wei Xiang '18 (LL.B. (Hon.) NUS) for his advice and assistance in this section.

Resources

A. General

Guides (Office of the Public Guardian)
Work of the OPG includes protecting the dignity and interests of individuals who lack mental capacity as well as encouraging proactive planning for an eventuality when one may lose his/her mental capacity. Guides are published in the 3 official languages, including those on:

  • the lasting power of attorney
  • the Mental Capacity Act for the deputy
  • the Mental Capacity Act for the donee
  • the Mental Capacity Act for the caregiver.

B. Proactive Planning

The Lasting Power of Attorney
Information on the LPA and how to make one. Published by the Office of the Public Guardian.

C. Protection

A Step-by-Step Guide to Deputyship Applications
MCA Deputyship Guidebook Project by NUS Law. Published by the Centre for Pro Bono & Clinical Legal Education.
Ref: KE5077.4 Ste 2019

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 overcome such challenges.  

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:

Family Justice Courts: Deputyship
Procedure for making an application for the appointment of a Deputy for a person who lacks mental capacity in the Family Justice Courts.

Family Justice Courts: Vulnerable Adults
Summary of the procedures for applying for an Order for the protection of vulnerable adults at the Family Justice Courts.

SMC Ethical Code and Ethical Guidelines (2002 and 2016 editions) and Handbook on Medical Ethics (2016 edition)
The Singapore Medical Council publishes guidelines for doctors on how to deal with mentally incapacitated patients.

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: Adoption and Mental Capacity Registries, Family Justice Courts@Maxwell Road, 5 Maxwell Road, #04-00 Tower Block, MND Complex, Singapore 069110
Tel: +65 6325 7619 (enquiries on mental capacity)
Online application (for deputyship and orders under MCA): iFAMS

Filing of documents:
CrimsonLogic Service Bureau, 133 New Bridge Road, #19-01/02 Chinatown Point, Singapore 059413,
Tel: +65 6538 9507
Email: apollosb@crimsonlogic.com.sg

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, 3 Havelock Square, Singapore 059725
Tel: +65 6435 5077
Online application (for personal protection orders): iFAMS

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 
  • setting up and maintaining a register of court orders that appoint deputies
  • supervising deputies
  • receiving reports from donees and deputies
  • investigating alleged violations of the Mental Capacity Act, including complaints about the way in which donees and deputies exercise their powers.

Add: 20 Lengkok Bahru, #04-02 Family@Enabling Village, 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.

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

A. General
Mental Capacity Act
Forms relating to the MCA are published by the Family Justice Courts.

B. Advance Medical Directive

Making of Advance Medical Directive
Form published by the Ministry of Health.

C. Lasting Power of Attorney

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

D. Deputyship

Family Justice Courts: Deputyship (click on Acting in person)
Forms relating to the appointment of the Deputy.

Family justice Courts Practice Directions: Appendix A
Forms 217 - 224

E. Vulnerable Adults

Family Justice Courts: Vulnerable Adults (click on What documents are required for an application for a protective order(s))
Consent and mental capacity assessment forms.

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

A. Guides:

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.

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:

B. Selected books on mental capacity 

Search for more books on mental capacity and mental health law in LINC: http://linc.nus.edu.sg/search/

Resource Librarian

Lee Su-Lin's picture
Lee Su-Lin
Contact:
C J Koh Law Library
469D Bukit Timah Road, Singapore 259773
+65 6516 2042
Website
Subjects:Law