Draft Mental Capacity Bill For Public Consultation
The Ministry of Community Development, Youth and Sports (MCYS) is embarking on a consultation exercise from 15 August 2007 to 31 October 2007 to seek views on the provisions of the draft Mental Capacity Bill.
1. The proposed legislation aims to address the gaps in the existing system on decision making for persons who are mentally incapacitated. Currently, under the Mental Disorders and Treatment Act (MDTA), the High Court can appoint a Committee of Person or Committee of Estate to manage the personal welfare of or make property related decisions for a person who is incapable of managing himself or his affairs. However, the appointment can only be done after a person has lost his mental capacity.
2. One of the key features of the draft Mental Capacity Bill is that it will provide a statutory framework to allow a person to voluntarily make advance plans for his financial and personal welfare. Singaporeans can now plan ahead to ensure their personal and financial well-being in the event that they lose their mental capacity to conditions such as dementia, traumatic brain damage and stroke. The Bill will help Singapore to prepare for an ageing population.
3. The Bill will also allow parents of severely intellectual disabled children to make provisions for the children when they themselves become mentally incapacitated or when they pass on.
4. The Bill sets out who can make decisions and in what kind of situations, and how they should go about this. Family members and caregivers making decisions on behalf of persons lacking mental capacity will be guided by a framework that will spell out how they should discharge their duties. The Bill emphasises that all acts and decisions made on behalf of a mentally incapacitated person must be made in his best interests. It also recognises that every individual has the right and capacity to make his own decisions and must be presumed to have that capacity to do so unless shown otherwise.
5. Public consultation via the REACH Portal (www.reach.gov.sg) will begin on 15 August 2007. Interested parties can forward their views and comments via the portal not later than 31 October 2007.
Issued by:
MINISTRY OF COMMUNITY DEVELOPMENT, YOUTH AND SPORTS
14 August 2007
1. The proposed legislation aims to address the gaps in the existing system on decision making for persons who are mentally incapacitated. Currently, under the Mental Disorders and Treatment Act (MDTA), the High Court can appoint a Committee of Person or Committee of Estate to manage the personal welfare of or make property related decisions for a person who is incapable of managing himself or his affairs. However, the appointment can only be done after a person has lost his mental capacity.
2. One of the key features of the draft Mental Capacity Bill is that it will provide a statutory framework to allow a person to voluntarily make advance plans for his financial and personal welfare. Singaporeans can now plan ahead to ensure their personal and financial well-being in the event that they lose their mental capacity to conditions such as dementia, traumatic brain damage and stroke. The Bill will help Singapore to prepare for an ageing population.
3. The Bill will also allow parents of severely intellectual disabled children to make provisions for the children when they themselves become mentally incapacitated or when they pass on.
4. The Bill sets out who can make decisions and in what kind of situations, and how they should go about this. Family members and caregivers making decisions on behalf of persons lacking mental capacity will be guided by a framework that will spell out how they should discharge their duties. The Bill emphasises that all acts and decisions made on behalf of a mentally incapacitated person must be made in his best interests. It also recognises that every individual has the right and capacity to make his own decisions and must be presumed to have that capacity to do so unless shown otherwise.
5. Public consultation via the REACH Portal (www.reach.gov.sg) will begin on 15 August 2007. Interested parties can forward their views and comments via the portal not later than 31 October 2007.
Issued by:
MINISTRY OF COMMUNITY DEVELOPMENT, YOUTH AND SPORTS
14 August 2007
syndicate (RSS)
add to de.licio.us
add to technorati
Comments