MENTAL CAPACITY ASSESSMENT (AN UPDATE): LASTING POWER OF ATTORNEY CERTIFICATION
- Author:
tze lee tan
1
Author Information
- Publication Type:Journal Article
- Keywords: Ethics; mental; capacity; deputy; lasting power of attorney; court-appointed
- From:The Singapore Family Physician 2019;45(3):11-17
- CountrySingapore
- Language:English
- Abstract: The Mental Capacity Act (MCA) addresses the need to act on behalf of persons who are unable to make decisions for themselves.One of the consequences of Singapore’s rapidly aging population is the rise in the number of patients suffering from stroke and age-related neuro-degenerative diseases. As their cognitive function deteriorates, they also lose their ability to make independent decisions, and this makes them at risk of potentially detrimental decisions made by them or others. Conflicts and uncertainty may come about because of a lack of clarity concerning the wishes of the individual with mental incapacity. There is a growing concern amongst individuals that, on losing their mental capacity, they also lose their right to determine their preferences to choose. The MCA has mechanisms in place to address such issues.The Singapore Family Physician first published an article on the Mental Capacity Act in 2009, and its lessons and messages hold for family physicians today. This article further updates on two provisions of the MCA:1.Lasting Power of Attorney (LPA) Certification2.Court-appointed Deputy Application for PatientsThe former allows for persons who are cognitively intact to appoint one or more persons to act on their behalf should they lose their mental capacity in the future.Should a person not have made an LPA before losing mental capacity, a deputy is appointed by the court to make certain decisions on their behalf. A deputy can be an individual or a licensed trust company under the Trust Companies Act (Cap.336).This paper will explore the processes involved in certifying the LPA as well as the court-appointed deputies.
- Full text:45(3)_Unit 2.pdf
