What is the Mental Capacity Act?

The MCA’s main purpose is to allow individuals (“donors”) to plan ahead and appoint someone (“donees”) to make important decisions for them in the event they lose mental capacity.

According to the act, persons who lack mental capacity are defined as “unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain”. Types of mental incapacity can be permanent, temporary, or fluctuating.

Appointment of donee(s):

Persons with mental capacity can voluntarily make a Lasting Power of Attorney (LPA), appointing one or more persons, as donee(s), to make decisions on their behalf if and when they lose mental capacity. A donee may be appointed for matters relating to the person’s personal welfare, and/or his property and affairs. With the exception of psychiatrists, all medical practitioners need to be accredited by the Public Guardian to be a ‘certificate issuer’ to certify that the person has the capacity to make the LPA. This can be done by attending a prescribed course, which is available online at the Singapore Medical Association’s website.

Appointment of a deputy:

In cases where an LPA was not made before the loss of mental capacity, the MCA allows a deputy to be appointed by the court to make decisions on behalf of the person (P). A deputy can be appointed for matters regarding personal welfare, and/or property and affairs. The individual applying to become P’s deputy is usually a relative or close friend.

The application to appoint a deputy will ask the court to: 

1. make a declaration that P lacks the mental capacity to make decisions in matters relating to his personal welfare and/or property and affairs
2. make an order for the applicant to be appointed as P’s deputy for his personal welfare and/ or property and affairs
3. make orders regarding the scope of the deputy’s powers. 

A medical report is needed to assist the court in making the decision on P’s mental capacity. It is a legal requirement for the report to be exhibited in a doctor’s affidavit accompanying the deputy application.